T-Mobile West LLC 5/4/2017 - Laserfiche WebLink

T-Mobile Site ID:SE01845A Cascade HS North WT Market:PNW City of Everett Site ID:Olympic Tank B. Damage or Destruction: Upon destruction,partial destruction or inability to use the Site for its intended purpose, Lessor is under no obligation to reconstruct or repair said Site and either Lessor or Lessee may terminate this Lease. C. Lessee's Insolvency: Lessor may terminate this Lease upon Lessee's insolvency if Lessee is the subject of an involuntary bankruptcy proceeding or commences a voluntary or involuntary bankruptcy proceeding or makes an assignment for the benefit of creditors or if a receiver or other liquidating officer is appointed for Lessee. D. Lessee's Breach: i. Lessor may terminate this Lease upon thirty (30) days' prior written notice to Lessee if Lessee fails to pay rent or additional rent [including, but not limited to, Assignment and/or Sublease Premiums as set forth in Section 9 (Assignment or Sublease) of these General Terms and Conditions] within ten (10) days after receiving written notice from Lessor that the Rental Fee was not received. ii. Lessor may terminate this Lease if Lessee breaches or fails to perform or observe any of the terms and/or conditions of this Lease,other than payment of rent,and fails to cure such breach or default within thirty(30)days after written notice from Lessor or such longer period, up to sixty(60)days,as may be reasonably required to diligently complete a cure commenced within that thirty(30)day period and being diligently and continuously pursued by Lessee. E. Termination Process: Unless otherwise specified in this Lease, prior written notice of termination shall be delivered by certified mail, return receipt requested, and shall be effective upon receipt of such notice,as evidenced by the return receipt. Upon such termination,Lessee shall be entitled to the reimbursement of any rent prepaid by Lessee for any period after termination. F. Nonexclusive Remedy:Termination under this Section shall be in addition to and not in limitation of any other remedy of Lessor at law or in equity. Termination shall not release Lessee from any liability or obligation with respect to any matter occurring prior to such termination. G. Specific Performance; No Consequential Damages. In the event of a breach or default, or threatened breach or default, by Lessor or Lessee (the "Defaulting Party") under this Lease,the other party(the"Non-Defaulting Party")shall have the right,in addition to all other rights under law or in equity, to obtain an injunction and enforce specific performance against the Defaulting Party.Neither party shall claim or be awarded any incidental, punitive,or consequential damages by reason of the default of or breach by the other. 17. REMOVAL OF IMPROVEMENTS: Lessee shall have the right at any time during Lessee's occupancy of the leased property, and the obligation within thirty(30) days after expiration or earlier termination of this Lease, to remove in a workmanlike and careful manner and without interference or damage to any other equipment, structures, or operations on the Site, any and all buildings, structures, improvements, fixtures, equipment, including antennas, fittings, and lines,owned or placed by Lessee, in,under or upon the leased property, or acquired by Lessee whether before or during the term of this Lease, and restore the Site to its condition prior to the commencement of the Lease, reasonable wear and tear excepted. Restoration of leased property Page 11 of 21