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14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower
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14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower
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provided by the OWNER or the servicing utility to the Leased Site, and upon the Leased Site, <br />for the purpose of constructing, operating and maintaining such lines, wires, circuits, and <br />conduits, associated equipment cabinets and such appurtenances thereto, as TENANT or such <br />service companies may from time to time require in order to provide such services to the <br />Leased Site. Said easement shall only be for the term and any renewal terms of this Lease <br />and shall not be perpetual. <br />11. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER; SURRENDER OF <br />PREMISES <br />A. TENANT's Antenna Facilities shall remain personal to and the property of TENANT. <br />At the termination or expiration of this Lease, TENANT shall (i) remove its Antenna <br />Facilities, (ii) repair any damage caused by such removal, (iii) with respect to any land leased, <br />remove all of its equipment to two feet below grade, and (iv) otherwise surrender the Leased <br />Site at the expiration of the term (as the same may have been extended or the earlier <br />termination thereof) in good condition, ordinary wear and tear, damage by fire and other <br />casualty excepted. <br />B. At the expiration of the Initial Term, or of the final Renewal Term provided for herein, <br />TENANT shall remove all of TENANT's equipment and other fixtures, and shall within sixty <br />(60) days of removal repair any damage which may be cause to the Leased Site as a result <br />of such removal, reasonable wear and tear excepted. <br />12. DEFAULTS <br />A. The occurrence of any one or more of the following events shall constitute an "Event of <br />Default" hereunder by TENANT: <br />(1) The failure by TENANT to make any payment of rent or any other payment <br />required to be made by TENANT hereunder, as and when due, where such failure shall <br />continue for a period of twenty (20) days after written notice thereof is received by TENANT <br />from OWNER. <br />(2) The failure by TENANT to observe or perform any of the covenants or <br />provisions of this Lease to be observed or performed by TENANT, other than as specified in <br />Paragraph 12.A.(1), where such failure shall continue for a period of thirty (30) days after <br />written notice thereof is received by TENANT from OWNER; provided, however, that it shall not <br />be deemed an Event of Default by TENANT if TENANT shall commence to cure such failure <br />within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. <br />B. If there occurs an Event of Default by TENANT, in addition to any other remedies <br />available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and <br />all rights of TENANT hereunder. <br />C. If there occurs an Event of Default by TENANT and the Lease is terminated, OWNER <br />11lpage <br />
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