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A. In addition to the other events giving rise to a right of lease termination, as such are <br />set forth in this Lease, if any of the following occurs, TENANT shall have the right to <br />immediately terminate this Lease for cause by giving written notice to OWNER of such <br />termination: <br />(1 ) TENANT determines, in its sole discretion, that it will be unable to obtain all <br />necessary Governmental Approvals for TENANT's intended use of and improvements to the <br />Leased Site desired by TENANT; or <br />(2) TENANT's application for any Governmental Approvals necessary for <br />TENANT's use of the Leased Site and improvements desired by TENANT is denied; or <br />(3) any Governmental Approvals necessary for TENANT's use of the Leased <br />Site and/or improvements to the Leased Site, whether now or hereafter desired by TENANT, <br />are canceled, expired, lapsed or are otherwise withdrawn, terminated or denied so that <br />TENANT, in its reasonable judgment, determines that itwill no longerbe able to use the Leased <br />Site for TENANT's intended use; or <br />(4) the Federal Communications Commission (which allocates the frequencies at <br />which TENANT may operate its antennas and equipment) changes the frequencies at which <br />TENANT operates its antennas and equipment, which change, in TENANT's reasonable <br />judgment, renders its operation of a communications facility at the Leased Site obsolete; or <br />(5) TENANT obtains, in its reasonable judgment, unacceptable results of any <br />radio test, survey, title report or environmental study. <br />Any termination notice rendered by TENANT pursuant to this Paragraph shall cause the <br />respective portion of the Lease to expire with the same force and effect as though the date <br />set forth in such notice was the date originally set as the expiration date of the Lease. In <br />the event of such termination, any prepaid rent shall be refunded to TENANT by OWNER. <br />B. In addition, and provided that TENANT is not then in default under this Lease, <br />TENANT may, during any Renewal Term, upon ninety (90) days written notice to <br />OWNER, terminate and cancel all or a portion of this Lease if TENANT determines that <br />any portion of the Leased Site has become unsuitable for TENANT's operations, upon <br />payment in cash to OWNER of a termination fee equal to six (6) months' rent at the rate <br />then in effect. As to such termination fee, TENANT shall receive a credit equal to the <br />amount of any unearned rent as of the date of such termination. <br />7. ASSIGNMENT AND SUBLETTING <br />A. Except to a "Partner Company," "Affiliate" or "Subsidiary" of TENANT (as defined <br />below), TENANT shall not assign this Lease, or allow it to be assigned, in whole or in part, <br />by operation of law or otherwise, or mortgage or pledge the same, or sublet the Leased <br />Site, or any part thereof, without the prior written consent of OWNER, such consent not to <br />be unreasonably withheld or delayed. <br />B. Each of the partners of TENANT is a Partner Company. An Affiliate of an entity is any <br />71 Page <br />