2003/07/30 Council Agenda Packet

13 38. CUMULATIVE REMEDIES: No provision of this Lease shall preclude Lessor or Third Party from pursuing any other remedies, in law or equity, for Lessee's failure to perform its obligations. 39. CAPTIONS: The captions in this Lease are for convenience only and do not in any way limit or amplify the provisions of the Lease. 40. AUTHORITY TO CONTRACT: Each party represents and warrants to the other that: it has full right,power and authority to execute this Lease and has the power to grant all rights hereunder, its execution and performance of this Lease will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on said party, and the execution and delivery of this Lease and the performance of its obligations hereunder have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree. 41. OBLIGATIONS BETWEEN THIRD PARTY AND LESSEE: Lessee agrees to reimburse Third Party for half (Lessor is excluded in this reimbursement calculation) of the Tower's construction costs ("Reimbursement") prior to placement of Lessee's equipment on the Tower in lieu of Lessee paying rent or any other consideration for the use of the Tower. This Reimbursement payment shall not in any way relieve Lessee of any other obligation, including payment obligations, set forth in this Lease. In the event of any termination of the Lease between Lessor and Lessee, Lessee shall not be entitled to any refund of the Reimbursement. IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Lease as of the date first above written. LESSEE: CINGULAR INTERACTIVE, L.P, a Delaware limited partnership ii By: ,,1�.- 20 A• S1- u Its: vp \ -/kit„k\r\--\-J2..4AckyA6... 4 . THIRD PARTY: SERS By: its: _�p C��Gy 99 Page 18 of 30