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d. If suit shall be brought by Landlord for recovery of possession of the Premises, for the
<br />recovery of any rent or any other amount due under the provisions of this Lease, or because
<br />of the breach of any other covenant, the Tenant shall pay to the Landlord all expenses
<br />incurred therefor, including reasonable attorney fees.
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<br />16. CUREBYLANDLORD. In the event of any default of this Lease by Tenant, the Landlord may
<br />at any time, after notice, cure the default for the account of and at the expense of the Tenant. If
<br />Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require
<br />the payment of any sum of money or is compelled to incur any expense, including reasonable attorney
<br />fees in instituting, prosecuting or defending any action to enforce the Landlord's rights under this
<br />Agreement, the sums so paid by Landlord, with all interest, costs, and damages shall be deemed to
<br />be Base Rent and shall be due from the Tenant to Landlord on the first day of the month following
<br />the incurring of the respective expenses.
<br />
<br />17. OPTIONAL TERMINATION.
<br />
<br />a. This Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any
<br />license, permit, or other governmental approval necessary for the construction and/or
<br />operation of the Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord
<br />decides, in its sole discretion and for any reason, to discontinue use of the Water Tower; (c)
<br />by Landlord if it determines, in its sole discretion and for any reason, that the Water Tower
<br />is structurally unsound or otherwise not suitable for Tenant's use, including but not limited
<br />to consideration of age of the structure, damage or destruction of all or part of the Water
<br />Tower from any source, or factors relating to the condition of the Water Tower; (d) by
<br />Landlord if it determines in its sole discretion that continued use of the Water Tower by
<br />Tenant is in fact a threat to health, safety, or welfare or violates applicable laws or ordinances;
<br />or (e) by Landlord at its sole discretion if Tenant loses its license to provide ~
<br />Internet and wireless service for any reason, including, but not limited to, nonrenewal,
<br />expiration, or cancellation of its license.
<br />
<br />b. Upon termination of this Lease for any reason, Tenant shall remove its equipment,
<br />personal property, Antennae Facilities, and leasehold improvements from the Premises on or
<br />before the date of termination, and shall repair any damage to the Premises caused by such
<br />equipment, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such
<br />property or facilities which are not removed by the end of Lease term shall become the
<br />property of Landlord.
<br />
<br />18.~.,,.,~,~..~,,:.~.· .......... ,~,.~,~,.~,,,:.o.r' ........ TERMINATION. Notice of Tenant's termination pursuant to
<br />paragraph 17 shall be given to Landlord in writing by certified mail, return receipt requested, and shall
<br />be effective upon receipt of such notice. Upon such termination, this Lease shall become null and
<br />void and the parties shall have no further obligations to each other, except '' ................. J ___:_A, A__
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