05-25-2005 Council Agenda - Laserfiche WebLink

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05/17/2005 18:02 18776885933 PAGE 03 4. Modification of Tenant's Obligation to Pay — Rent Guarantee. Notwithstanding Tenant's obligations to pay rent set forth under the Agreement, for a [[Rent Guarantee Period]] month(s) period commencing [[Rent Guarantee Commencement]] and ending [[Rent Guarantee End]] ( "Rent Guarantee Period "), Tenant hereby agrees that Tenant will be obligated to pay Rent due and ;uch obligation will not be subject to offset or termination by Tenant. 5. Modification of' Tenant's Obligations to Pay — Rent Abatement. Notwithstanding Tenants obligations to pay rent as sct forth under the Agreement, for a [[Abatement Period]] month(s) period commencing [[Abate Commencement]] and ending [[Abatement End Date]] ( "Abatement Period "), Landlord agrees to abate any and all rent payments due from Tenant. 6. Future Rent Increases. The Agreement is amended to provide that c )mmencing on [[Mod. Esc. Date]], Rent shall be fixed during the Initial Tenn and all Extension Term(s). 7. Notices. Section of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications heretnder will be given by first class certified or registered mail, return receipt requested, or by a nationally rec>gnized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returnee undelivered. Notices will be addressed to the parties as follows. As to Tenant, [[Tenant Vesting]] c/o Cell Site # , Cell Site Name , Attn.: Legal Department, Re: Cell Site # , Cell Site Name ; and as to Landlord, Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein 8. Other Terms and Conditions Remain. The Lease is amended to incorporate all the provisions set forth on Schedule I attached hereto, In the event of any inconsistencies between the Agreement and this Amendment and the provisions set forth on Schedule I, the terms of this Amendment and Schedule T shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in fill force and effect. Each reference in the Agreement to itself shall be dented also to refer to this Amendment. 9. Capitalized Terms. All capitalized terms used but not defined h: ?rein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the date and year below. LANDLORD: By: Name: Title: Tax Id TENANT: By: Name: Title: Date