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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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limit such disclosure unsung diligent efforts to Hmiit disclosure and 'to obtain confidential <br />treatment, a protective order or other appropriate remedy, to -the extent permitted by law. <br />5. BROKERS <br />OWNER and ,..1.. AI T represent to each other -that -they have not negotiated with any real estate <br />broke r in connection with this Lease. <br />m TERMINATION <br />A. In addition -to the other agents gimping rise to a right of lease termination, as such are sat <br />forth in this 1....ease, if any of the fall wing occurs, "'I AN,..r shall have the right to irnnneduately <br />terminate this Lease for cause by giiviing written no -Lice .to OWNER of such tannin .tion. <br />(t ) "'FENANT determr nes, In its sale discretion, tlh t it will be enable 'to obtain all <br />necessary GovernrnenW Approvals fr r T :II AI T" in -tended use of and improvernentsto the <br />1....eased Site desired by TENANT, T, r <br />() TENAN appli a.tuon for any Governmental Approvals necessary for <br />TENANT's use of the Il....eased Site and urmmprovementa desired by T "INAN T is denied; or <br />() any Governmental Approvals necessary for TENANT's use of -the Leased <br />Site and/or improvements to the 1....eased Site, whether now or hereafter desired by T NAN IF, <br />are canceled, expired, lalpsed or are otherwise Withdrawn, terminated or deinied so that <br />TENAINT, In its reasonable judgment, determines that it will no longer be able to use the Leased <br />Site for TE INAN F's Intended use; or <br />() the Federal Cornmunicaflons Commissuon (which alliocates the frequencies at <br />which TENANT may operate its antennas and equprnent) changes the frequencies at which <br />'FENAN l.. operates its antennas and e uauuprnent, which change, in TENANT's TENANT'reasonable <br />judgment, renders its operation of a. communications facility at the 1....eased Site obsollet% or <br />(5) TIENAN T obtains, units reaaonable)udgrnent, unacceptable iresults f any radii's <br />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 e 1puire with the same force and effect as though the date set <br />forth in such notice was thy; date orilgilinaHy set as the expiration date of the Lease. In the <br />event of such termfinaWn, any prepaid rent shall be refunded to TENANT T by OWINER. <br />B„ In addition, arnd provided that TENANT is not then in default under this Lease, <br />IFENANT may, during any (Renewal Term, upon ninety (0) days written inoti e to OWINIER, <br />terminate and cancel gill or a portion of this Lease if TENANT T determines that any portion <br />of time l...eased Site has become unsuitable for TI 'AUNT°s operations, upon payment in cash <br />to OWNER of a termunatuon fee equal to six (6) im nths° rent at the rate -then in effect. As -to <br />such termination fee, TENAN shall receive a credit equal to the amount of any unearned <br />7SPa a c <br />
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