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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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A. In the event the whole of OWNER's Property, including without limitation the Leased <br />Site and the Tower, shall be taken or condemned, either temporarily or permanently, for <br />public purposes, or sold to a condemning authority under threat of condemnation to prevent <br />taking, then this Lease shall forthwith automatically cease and terminate. <br />B. In the event any portion of the Leased Site or the Tower shall be taken or <br />condemned, either temporarily or permanently, for public purposes, or sold to a condemning <br />authority under threat of condemnation to prevent taking, then OWNER agrees that TENANT <br />may use and/or construct upon an alternative portion of OWNER's Property, as selected <br />by OWNER, which is equally suitable for TENANT's purposes, provided such space is <br />available. The exact site to which TENANT may relocate will be determined by OWNER, and <br />it may be u pon any portion of OWNER's Property (or other property owned or controlled by <br />OWNER), provided that TENANT reasonably approves the site as equally suitable for <br />TENANT's intended uses. OWNER will designate a site to which TENANT may relocate <br />prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's <br />Property (or other property owned or controlled by OWNER) is equally suitable for the <br />purposes of TENANT, then this Lease shall forthwith automatically cease and terminate. <br />C. OWNER shall receive the entire condemnation award for land, the Tower and such <br />other improvements as are paid for by OWNER, and TENANT hereby expressly assigns to <br />OWNER any and all right, title and interest of TENANT now or hereafter arising in and to <br />any such award. TENANT shall have the right to recover from such authority, but not from <br />OWNER (unless OWNER is the condemning authority), any compensation as may be <br />awarded to TENANT on account of the leasehold interest, moving and relocation expenses, <br />and depreciation to and removal of the personal property and fixtures of TENANT. <br />17. LIENS <br />TENANT shall keep the Leased Site free from any mechanic's, material provider's or other <br />liens arising out of any work performed, materials furnished, or obligations incurred by or for <br />TENANT. TENANT shall, within twenty (20) days following notice of the imposition of any such <br />lien, cause the same to be released of record by payment or posting of a proper bond. No work <br />which OWNER permits TENANT to perform on the Leased Site shall be deemed to be for the <br />use and benefit of OWNER so that no mechanic's or other lien shall be allowed against the <br />estate of OWNER by reason of its consent to such work. OWNER shall have the right to post <br />notices that it is not responsible for payment for any such work. If TENANT in good faith <br />determines that any such lien should be contested, TENANT shall furnish such security, surety <br />bond or otherwise as may be necessary or prescribed by law to release the same as a lien. If <br />TENANT shall fail to vacate or release such lien, OWNER may, but shall not be obligated to, <br />vacate or release the same. TENANT shall repay to OWNER, on demand, all sums disbursed <br />or deposited by OWNER pursuant to the foregoing provisions of this paragraph, including <br />OWNER's costs and expenses and reasonable attorneys' fees incurred in connection <br />therewith. <br />18. TAXES <br />A. TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly <br />141Page <br />
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