17-Deliberate and act on a resolution authorizing a lease agreement with NE Radio Operations and Command Inc.

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than any fixtures) from the Premises and shall restore the Premises to the condition in which it existed upon execution of this Agreement, reasonable wear and tear excepted. Should Lessee fail to so remove the Lessee Facilities, Lessor may, upon thirty (30) days' notice by Lessor to Lessee remove and store the Lessee Facilities at Lessee's expense. Should Lessee fail to restore the Premises to its original condition, ordinary wear and tear excepted, then Lessor may do so at Lessee's expense. In the event that neither Lessee nor Lessee's financing entity shall effect such timely removal, and provided at least sixty (60) days have elapsed since the original written notice to Lessee, the Lessee Facilities shall be deemed abandoned and Lessor may remove and dispose of the Lessee Facilities at Lessee's expense. 10. Termination. This Agreement may be terminated without further liability on thirry (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirry (30) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the commencement of operations; (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (vi) by Lessor if the City Council shall make a legislative determination and finding by written resolution that the use of the Premises is needed for another public interest and votes to terminate the Agreement by giving Lessee ninery (90) days written notice. 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged to the extent that continued use is unfeasible, destroyed, condemned or transferred in lieu of condemnation, Lessor may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessee no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on Lessee's Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor, its elected officials, officers and employees shall be named as an additional insured on Lessee's policy. Lessee shall provide to the Lessor a certificate of insurance evidencing the coverage within fifteen (15) days of the Effective Date of this Agreement. 13. Assienment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written 4 n U