05-E StarNet Addendum - Laserfiche WebLink

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17. OPTIONAL TERMIN~4 TION. a. This Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole discretion and for any reason, to discontinue use of the Water Tower; (c) by Landlord if it determines, in its sole discretion and for any reason, that the Water Tower is structurally unsound or otherwise not suitable for Tenant's use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Water Tower from any source, or factors relating to the condition of the Water Tower; (d) by Landlord if it determines in its sole discretion that continued use of the Water Tower by Tenant is in fact a threat to health, safety, or welfare or violates applicable laws or ordinances; or (e) by Landlord at its sole discretion if Tenant loses its license to provide Internet and wireless service for any reason, including, but not limited to, nonrenewal, expiration, or cancellation of its license. b. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold improvements fi:om the Premises on or before the date of termination, and shall repair any damage to the Premises caused by such equipment, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such property or facilities which are not removed by the end of Lease term shall become the property of Landlord. 18. TERMINATION. Notice of Tenant's termination pursuant to paragraph 17 shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 19. /ILTER/ITIONt DAM~IGE OR DESTRUCTION. If the Water Tower or any portion thereof is altered, destroyed, or damaged so as to materially hinder ~ffective use of the Antennae Facilities through no fault or negligence of Tenant, Tenant may elect'to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, Tenant shall promptlyremove the Antennae Facilities from the Premises and shall restore the Premises to the same condition as existed prior to this Lease. This Lease (and Tenant's obligation to provide those services at such rates as specified herein) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence. Landlord shall have no obligation to repair any damage to any portion of the Premises. 20. INDEMNITY AND INSURANCE. a. Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage occurring to any person or property fi:om any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition, or dismantling of the Premises or Tenant's Antennae Facilities. Page 8 of 18