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07-B Star~NET Lease
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November 12, 2001
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07-B Star~NET Lease
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Last modified
11/8/2005 11:25:42 AM
Creation date
11/9/2001 9:12:46 PM
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AGENDA
Item Number
7-B
AGENDA - Type
RESOLUTION
Description
Star~NET Lease Agreement
AGENDA - Date
11/12/2001
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15. <br /> <br />is or will be materially affected, Tenant may terminate the Lease. <br /> <br />e. Tenant's use and operation of its facilities shall not interfere with the use and operation <br />of other communication facilities on the Water Tower which pre-existed Tenant's facilities. <br />If Tenant's facilities cause interference, Tenant shall take all measures reasonably necessary <br />to correct and eliminate the interference. If the interference cannot be eliminated in a <br />reasonable time, Tenant shall immediately cease operating its facility until the interference has <br />been eliminated. If the interference cannot be eliminated with thirty (30) days, Landlord may <br />terminate this Lease. <br /> <br />DEFA UL T AND LANDLORD tS REMEDIES. <br /> <br />a. It shall be a default if Tenant fails to provide the consideration stated herein in an <br />uninterrupted and adequate manner, and does not cure such default within twenty-four (24) <br />hours (however, that cure period may be enlarged to a reasonable period of time if the default <br /> <br />is caused by an emergency or a force majeure); or if Tenant defaults in the performance of any <br />other covenant or condition of this Lease and does not cure such other default within thirty <br />(30) days after written notice from Landlord specifying the default complained of; or if Tenant <br />abandons or vacates the Premises; or if Tenant is adjudicated as bankrupt or makes any <br />assignment for the benefit of creditors; or if Tenant becomes insolvent or Landlord reasonably <br />believes itself to be insecure. <br /> <br />b. In the event of a default, Landlord shall have the right, at its option, in addition to and <br />not exclusive of any other remedy Landlord may have by operation of law or under this <br />Lease, without any further demand or notice, to re-enter the Premises and eject all persons <br />therefrom, and either (a) declare this Lease at an end, in which event Tenant shall immediately <br />remove the Antennae Facilities and pay Landlord a sum of money equal to an amount <br />necessary to compensate Landlord for all detriment proximately caused by Tenant's failure <br />to perform its obligations under the Lease, or (b) without terminating this Lease, relet the <br />Premises, or any part thereof, for the account of Tenant upon such terms and conditions as <br />Landlord may deem advisable, and any monies received from such reletting shall be applied <br />first to the expenses of such reletting and collection, including reasonable attorneys' fees, any <br />real estate commissions paid, and thereafter toward payment of all sums due or to become <br />due to Landlord hereunder, and ifa sufficient sum shall not be thus realized to pay such sums <br />and other charges, Tenant shall pay Landlord any deficiency monthly, notwithstanding that <br />Landlord may have received rental in excess of the rental stipulated in this Lease in previous <br />or subsequent months, and Landlord may bring an action therefor as such monthly deficiency <br />shall arise. <br /> <br />c. No re-entry and taking of possession of the Premises by Landlord shall be construed <br />as an election on Landlord's part to terminate this Lease, regardless of the extent of <br />renovations and alterations by Landlord, unless a written notice of such intention is given to <br />Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any <br />time thereafter elect to terminate this Lease for such previous breach. <br /> <br />Page 7 of 19 <br /> <br /> <br />
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