02-13-08 Council Agenda - Laserfiche WebLink

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any of Tenant's personal property, equipment, Antenna Facilities, or Equipment Building as may be necessary in order to carry out any of such activities. Landlord agrees to give reasonable advance notice of such activities to Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference with Tenant's transmission operations. Landlord shall not guarantee to Tenant exclusive use or non - interference with Tenant's transmission operations, provided however, that in the event any other party requests permission to place any type of additional antenna or transmission facility on the Tower or the Property, this paragraph will govern the determination of whether such antenna or transmission facility will interfere with Tenant's transmission operations. If Landlord receives any such request, it shall submit the proposal to Tenant for review for non - interference. Tenant shall have thirty days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty day period shall be deemed consent by Tenant to the installation of antennas or transmission facilities pursuant to said proposal. Any dispute between Landlord and Tenant regarding the proposed additional installation and its potential for interference with Tenant's transmission operation shall be resolved by submitting the issue for decision to an independent third party mutually agreed upon by Landlord and Tenant, whose decision regarding interference shall be binding on both parties hereto and whose expense shall be borne equally by both parties. In the event Tenant's transmission operations interfere with any type of electronic reception or transmission of any other parties in the surrounding area operating as of the Effective Date of this Lease, Tenant agrees to remedy such interference in accordance with applicable regulations and standards of the FCC and any other governing body. Tenant warrants that it shall maintain all of its Antenna Facilities in full compliance with all applicable regulations of the FCC and other governing bodies. 7. Termination. Except as otherwise provided herein, this Lease may be terminated by written notice to the other party as follows. (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default to the other party; (b) by Tenant upon thirty (30) days' written notice if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and /or operation of the Antenna Facilities or Tenant's business; (c) by Tenant upon one hundred eighty (180) days' written notice if the Property is or becomes unacceptable under the Tenant's design or engineering specifications for its Antenna Facilities or the communication systems to which the Antenna Facilities belong; (d) by Landlord upon one hundred eighty (180) days' written notice if the Little Canada City Council decides in its sole discretion and for any reason to redevelop the Property and /or discontinue use or removal of the tower in a way that precludes Tenant's continued use of the Property; (e) by Landlord upon one hundred eighty (180) days' (or such shorter period as may be necessary for public safety reasons) written notice if it reasonably determines in its sole discretion that the Tower is structurally unsound for use as a water tower, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Tower or the Property from any source, or factors relating to condition of the Property; or (f) by Landlord upon thirty (30) days' written notice if Tenant's use of the Property becomes illegal under any federal, state or local law, rule or regulation.