DISH Wireless L.L.C. 12/11/2023 - Laserfiche WebLink

24. CASUALTY. Each Party will use commercially reasonable efforts to provide written notice to the other Party of any material casualty affecting the Property or Premises as soon as reasonably practical given the circumstances after the Party becomes aware of the casualty. If the Property, Premises, the Site, or Lessee's Equipment is damaged or destroyed, in whole or in part, due to any casualty, Lessor will have no obligation to repair, rebuild or replace the damaged or destroyed Property, Premises, the Site, or Lessee's Equipment. If the Lessee's Equipment or Premises is damaged by any casualty that is not the fault of or attributable in whole or in part to Lessee, its employees, agents, servants, contractors, subcontractors, or invitees so as to render the entire Premises or any substantial portion thereof unusable in Lessee's reasonable determination, then Lessee may terminate this Lease by providing written notice to the Lessor, which termination will be effective as of the date of Lessor's receipt of such written notice and shall be treated as the natural expiration of this Lease, including the Lessee's duty to remove all of its personal property as required in Section 21 (Removal and Restoration) of this Lease. 25. RELOCATION. a. TEMPORARY RELOCATION. Following Lessee's receipt of a written notice from Lessor, Lessee agrees to temporarily relocate Lessee's Equipment to a mutually agreeable location on the Property (a"Temporary Location")to facilitate Lessor's performance of maintenance, repair or similar work at the Site, provided that Lessor gives Lessee at least one hundred eighty (180) days prior written notice except in the case of a bona fide emergency, which is reasonably likely to result in damage or injury to persons, Property, Premises, or to the Site, the Lessor will provide the greatest amount of notice possible under the circumstances (the "Notice Period"). Lessee agrees to temporarily relocate Lessee's Equipment within the Notice Period. Lessee shall be responsible for all costs associated with relocation of Lessee's Equipment to the Temporary Location and for the subsequent relocation to the Site. Lessee shall not be required to relocate Lessee's Equipment to a Temporary Location more than one(1)time within any five(5)year period. b. PERMANENT RELOCATION. Lessor shall have the one-time right to require Lessee to relocate Lessee's Equipment to another location on Lessor's Property (the "Relocation Premises")during Term of this Lease upon written notice not less than one hundred eighty (180) days prior to the requested date of relocation, with a map and description of the proposed Relocation Premises. All costs incurred by Lessee for relocating Lessee's Equipment to the Relocation Premises and improving the Relocation Premises so that it is fully compatible for the Lessee's use, in Lessee's reasonable determination (the "Relocation Costs"), shall be paid as follows: i. if the relocation occurs during the Initial Term, Lessor shall pay the Relocation Cost; ii. if the relocation occurs during the first Renewal Term, Lessor and Lessee shall split the Relocation Cost equally; or iii. if the relocation occurs at any time after the first Renewal Term, Lessee shall pay the Relocation Cost. ors