06-27-2018 Council Packet - final

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Page 9 Site: Little Canada-Owasso BUN: 825401 4816-7859-2811.16101460\002203 Crown may, at its option, (i) terminate this Easement and be relieved of paying the remaining balance of the Purchase Price and performing all other obligations under this Easement, (ii) sue for injunctive relief, and/or sue for specific performance, and/or sue for damages, and/or (iii) perform the obligation(s) of Grantor specified in the default notice, in which case any expenditures reasonably made by Crown in so doing shall be deemed paid for the account of Grantor, and Grantor agrees to reimburse Crown for said expenditures upon demand or Crown may elect to offset from the Installments Payments any amount reasonably expended by Crown as a result of such defa ult. 32. IRS Form W-9. Grantor agrees to provide Crown with a completed IRS Form W -9 or its equivalent (the “W -9 Form”) upon execution of this Easement and at such other times as may be reasonably requested by Crown. Grantor’s failure to provide the W-9 Form within thirty (30) days after Crown’s request shall be considered a default and Crown may take any action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from the Installment Payments. In the event the Grantor’s Property is transferred, the successor in interest to Grantor’s rights under this Easement (the “Successor Grantor”) shall have a duty to provide Crown with a deed evidencing the transfer of the Grantor’s Property, a completed W-9 Form signed by t he Successor Grantor, and other related paperwork requested by Crown (the “Transfer Documents”) in order to effectuate a transfer in the payment of Installment Payments from Grantor to the Successor Grantor. Crown shall have no obligation to pay Installme nt Payments to the Successor Grantor until Crown receives the Transfer Documents. 33. Crown’s Right To Terminate . In the event that the Lease Agreement expires or terminates for any reason, Crown shall have the unilateral right, but not the obligation, to terminate this Easement. Upon termination of this Easement, (i) Crown shall remain obligated to pay the remaining Installment Payments as same become due hereunder; and (ii) the parties shall have no further obligations to each other; provided, however, that Crown shall, within a reasonable time , not to exceed one hundred eighty (180) days , remove all of its building(s), tower and above ground property and restore the surface of the Easement Area to its original condition, reasonable wear and tear excepted. Said termination shall be effective upon Crown providing written notice of termination to Grantor. 34. Abandonment . As long as Crown maintains a tower structure within the boundaries of the Easement Area, the Easement Area shall not be deemed abandoned. If Cr own abandons the Easement Area, and it remains abandoned for a period in excess of three (3) years, Grantor may terminate this Easement only after first providing written notice to Crown and giving Crown the opportunity to reclaim the Easement Area within thirty (30) days of receipt of said written notice. In the event Crown fails to reclaim the Easement Area within the thirty (30) day period, Grantor may thereafter terminate this Easement Area by providing written notice of termination to Crown, and Crown shall remove the tower structure and all other above ground equipment within one hundred eighty (180) days thereafter. 35. Bond. If not already provided by Current Tenant, Crown shall provide Grantor with a bond or irrevocable letter of credit in the amount of Twenty-Five