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• <br /> (Nextel Site#WA0390A) 7 <br /> a. The Lease is hereby canceled and terminated effective at 11:59 p.m. on <br /> February 6,2013 ("Termination Date"). Pursuant to Section 18 of the Lease, except where the <br /> terms of the Lease survive the cancellation of the Lease,from and after the Termination Date, <br /> neither Owner nor Nextel will have any further rights or obligations under the Lease, and Nextel <br /> will have no further right or interest with respect to the Site. <br /> b. In full and final payment of any and all sums due or owing by Nextel to <br /> Owner under the Lease or otherwise in connection with Owner's Property or the Site,Nextel will <br /> make a final payment of Three Thousand Five Hundred Ninety-One Dollars and Seventy-One <br /> Cents ($3,591.71), in the same time and manner as rent is currently paid by Nextel, constituting <br /> Rent and other charges (if applicable)for the final month of the Lease(from January 7, 2013 <br /> through February 6,2013) (the"Final Payment"). <br /> 2. Vacation and Surrender of the Site; Site Acceptance. <br /> a. Owner and Nextel have expressly agreed that, on or before the <br /> Termination Date,Nextel will vacate and surrender the Site to Owner. <br /> b. On or before the Termination Date,Nextel will remove from the Site the <br /> following(the"Removed Equipment"): <br /> Remove antennas and mounting hardware <br /> Remove coax lines and related hardware <br /> Remove all iDEN radio equipment(base radios,ISC's,rectifiers,AC-DC power <br /> plants,batteries,racks, controller,DC power,and related support hardware) <br /> Remove generator and fuel storage tanks, including draining and disposal of <br /> fluids, and disconnection of electrical and Telco conduits <br /> Remove coax cable trays, sleepers,wear pads,parapet wall coax support brackets. <br /> Except for the Removed Equipment above,Nextel will have no further obligation <br /> (notwithstanding anything to the contrary contained in the Lease or.otherwise)to remove the <br /> Communications Facility(all of which will be deemed abandoned by Nextel and accepted by <br /> Owner)or otherwise repair or restore the Site or any other portion of Owner's Property <br /> (notwithstanding the provision in Section 21 of the Lease requiring Nextel to restore the Site to <br /> its condition prior to the commencement of the Lease). <br /> c. Upon Nextel's vacation of the Site, Owner and Nextel will each execute <br /> duplicate originals of the"Site Acceptance and Release"in the form attached hereto as Exhibit A <br /> ("Site Acceptance"). Owner's execution of the Site Acceptance will constitute conclusive <br /> evidence and proof that Nextel has vacated and surrendered the Site to Owner in the condition <br /> required by the Lease and this Agreement, and that any portion of the Communications Facility <br /> (and any other equipment or property)remaining on Owner's Property will be deemed <br /> abandoned by Nextel and accepted by Owner, on the terms set forth therein. <br /> d. Provisions of the Lease that survive the cancellation or completion of the <br /> Lease remain in full force and effect. <br /> 215 <br /> 04 iDEN DeComm Lease Termination Agreement 05142012 "SI <br />