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<br />17. OPTIONAL TERMINATION. <br /> <br />a. This Lease may be terminated (a) by Tenant ifit is unable to obtain or maintain any <br />license, permit, or other governmental approval necessary for the construction and/or <br />operation of the Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord <br />decides, in its sole discretion and for any reason, to discontinue use of the Water Tower; (c) <br />by Landlord if it determines, in its sole discretion and for any reason, that the Water Tower <br />is structurally unsound or otherwise not suitable for Tenant's use, including but not limited <br />to consideration of age of the structure, damage or destruction of all or part of the Water <br />Tower from any source, or factors relating to the condition of the Water Tower; (d) by <br />Landlord if it determines in its sole discretion that continued use of the Water Tower by <br />Tenant is in fact a threat to health, safety, or welfare or violates applicable laws or <br />ordinances; or (e) by Landlord at its sole discretion if Tenant loses its license to provide <br />Internet and wireless service for any reason, including, but not limited to, nonrenewal, <br />expiration, or cancellation of its license. <br /> <br />b. Upon termination of this Lease for any reason, Tenant shall remove its equipment, <br />personal property, Antennae Facilities, and leasehold improvements from the Premises on <br />or before the date oftermination, and shall repair any damage to the Premises caused by such <br />equipment, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such <br />property or facilities which are not removed by the end of Lease term shall become the <br />property of Landlord. <br /> <br />18. TERMINATION. Notice of Tenant's termination pursuant to paragraph 17 shall be given to <br />Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of <br />such notice. Upon such termination, this Lease shall become null and void and the parties shall have <br />no further obligations to each other. <br /> <br />19. ALTERATION. DAMAGE OR DESTRUCTION. If the Water Tower or any portion thereof is <br />altered, destroyed, or damaged so as to materially hinder effective use of the Antennae Facilities <br />through no fault or negligence of Tenant, Tenant may elect to terminate this LeaSe upon thirty (30) <br />days' written notice to Landlord. In such event, Tenant shall promptly remove the Antennae Facilities <br />from the Premises and shall restore the Premises to the same condition as existed prior to this Lease. <br />This Lease (and Tenant's obligation to provide those services at such rates as specified herein) shall <br />terminate upon Tenant's fulfillment ofthe obligations set forth in the preceding sentence. Landlord <br />shall have no obligation to repair any damage to any portion ofthe Premises. <br /> <br />20. INDEMNITY AND INSURANCE. <br /> <br />a. Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage <br />occurring to any person or property from any cause whatsoever arising out of Tenant's <br />construction, maintenance, repair, use, operation, condition, or dismantling of the Premises <br />or Tenant's Antennae Facilities. <br /> <br />Page 8 of 18 <br />