12-14-1988 Council Agenda - Laserfiche WebLink

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5. Interference, Landlord shall not use, nor shall Landlord permit its lessees, licensees, invitees or agents to use, any portion of Landlord's properties in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by Landlord, and Landlord shall have the responsibility to terminate said interference. In the event any such interference does not cease promptly, Tenant shall have the right, in addition to any other rights that it may have at law or in equity, to elect to enjoin such interference or to terminate this Lease. Landlord shall not permit the installation of any additional microwave dishes, antennas or broadcasting equipment on the Tower which Tenant reasonably determines would interfere with the use or operation of the Antenna Facilities installed or to be installed by Tenant. 6. Improvements; Utilities; Access. a. Tenant shall have the right, at its expense, to place and maintain on the Tower and ground improvements, personal property and facilities described on Exhibit B attached hereto which include radio transmitting and receiving antennas (the "Antenna Facilities "). The Antenna Facilities shall remain the exclusive property of Tenant. b. Tenant shall separately meter the charges for the consumption of electricity for power and/or lighting associated with its use and shall pay all costs associated therewith. c. Landlord shall provide Tenant ingress, egress, and access from an open and improved public road, over and under the Property to the Tower adequate to service the Tower and the Antenna Facilities at all times during this Lease at no additional charge to Tenant. Landlord shall execute an easement evidencing this right upon Tenant's request. 7. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability, on 30 days' written notice 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 60 days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (b) by Tenant if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Tenant's business; or (c) by Tenant if the Property is or becomes unacceptable under the Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. 8. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Property. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Property which is directly attributable to Tenant's use of the Property, and Landlord agrees to furnish proof of such increase to Tenant. 9. Insurance. a. Tenant will provide Comprehensive General Liability Insurance in an aggregate amount of $500,000.00, and name Landlord as additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any umbrella policy of liability insurance Tenant may maintain. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. Page 36