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2006/04/05 Council Agenda Packet
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2006/04/05 Council Agenda Packet
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Council Agenda Packet
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4/5/2006
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8 <br /> dispose of the improvements in any manner Licensor chooses, and, in addition, Licensee agrees <br /> to pay any costs incurred by Licensor in doing so, within thirty (30) days of receipt of Licensor's <br /> statement therefor. <br /> All costs and expenses for removal of Licensee's facilities and restoration of the Site and <br /> Tower shall be borne by the Licensee, and Licensee shall hold Licensor harmless from any portion <br /> thereof. <br /> The provisions of this Section shall survive the termination of this License. <br /> 18. CONDEMNATION: If the Site or any part thereof shall be taken for public <br /> purposes by condemnation as a result of any action or proceeding in eminent domain or shall be <br /> transferred in lieu of condemnation to any authority entitled to exercise the power of eminent <br /> domain, the effect of the taking or transfer upon this License shall be as follows: <br /> A. If only a part of the Site is taken or transferred leaving the remainder of said Site <br /> in such location and in such form, shape and size so that, in the sole opinion of Licensee, it is <br /> still practical to conduct business thereon, the monthly rental required to be paid by Licensee to <br /> Landowner by Section 4 of this License shall remain unaffected. If Licensee determines in its <br /> sole discretion that it is not practical to conduct business on the Site, Licensee may terminate the <br /> License immediately. <br /> B If the whole of the Licensed Site is taken or transferred, Licensee may at any time <br /> thereafter terminate this License by giving Licensor ten (10) days notice in writing of such <br /> termination. If the Site is taken or transferred under the circumstances described above, <br /> Licensee shall not be entitled to any award or compensation from the condemning authority <br /> except as to the taking or relocation of the buildings, improvements, fixtures and equipment <br /> owned by Licensee. Licensor agrees to return any unearned rent to Licensee. Licensee agrees <br /> that it is not entitled to and hereby disclaims any other award for such taking. <br /> 19. RELOCATION: Licensee agrees that the Licensee and its successors or assigns <br /> are not•subject to nor entitled to any relocation assistance as provided in the Uniform Relocation <br /> and Real Property Acquisition Regulations. <br /> 20. RIGHT OF RE-ENTRY: In the event of any termination, delinquency or <br /> default, Licensor reserves the right to re-enter all areas of the Site anytime during this License <br /> without extinguishing the Licensee's obligation to pay rent for the balance of any Term. <br /> 21. NOTICES: All notices hereunder may be delivered, sent by nationally <br /> recognized, overnight delivery service or mailed. Any notice shall be deemed given on a) the <br /> date personally delivered to the other party and a signed receipt obtained; or b) three days after <br /> deposit, postage prepaid in any United States Postal Service branch or official depository; <br /> whichever shall occur earliest. If mailed, they shall be sent by CERTIFIED or REGISTERED <br /> MAIL to the following respective addresses: <br /> To Licensor: <br /> 62 V <br /> 14 <br />
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