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02/14/2000 Council Packet
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02/14/2000 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/14/2000
Council Meeting Type
Regular
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0 partnership or entity resulting from that certain U.S. Wireless Alliance Agreement <br />between Vodafone AirTouch Plc. and Bell Atlantic Corporation, which assignment or <br />transfer shall fully release Tenant from any further obligations or liability under the <br />terms of this Agreement commencing on the effective date of the assignment or <br />transfer. A person, association, partnership, corporation or joint -stock company, trust, <br />or other business entity, however organized, is an affiliate of the person or entity which <br />directly or indirectly, through one or more intermediaries, controls, is controlled by, or is <br />under common control with, such person. Control shall be defined as (i) ownership of <br />20% or more of the voting power of all classes of voting stock or (ii) ownership of 20% <br />or more of the beneficial interests in income and capital of an entity other than a <br />corporation. As to other parties, this Lease may not be sold, assigned, or transferred <br />without the written consent of the Landlord, such consent not to be unreasonably <br />withheld ,delayed or conditioned. <br />17. Condemnation. In the event the whole of the Leased Premises is taken by <br />eminent domain, this Lease shall terminate as of the date title to the Leased Premises <br />vests in the condemning authority. In event a portion of the Leased Premises is taken <br />by eminent domain, either party shall have the right to terminate this Lease as of said <br />date of title transfer, by giving thirty (30) days' written notice to the other party. In the <br />event of any taking under the power of eminent domain, Tenant shall not be entitled to <br />any portion of the reward paid for the taking and the Landlord shall receive full amount <br />of such award. Tenant hereby expressly waives any right or claim to any portion <br />Ill thereof. Although all damages, whether awarded as compensation for diminution in <br />value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, <br />Tenant shall have the right to claim and recover from the condemning authority, but not <br />from Landlord, such compensation as may be separately awarded or recoverable by <br />Tenant on account of any and all damage to Tenant's business and any costs or <br />expenses incurred by Tenant in moving /removing its equipment, personal property, <br />Antenna Facilities, and leasehold improvements. <br />18. Disputes. Any claim, controversy or dispute arising out of this Lease not <br />resolved within ten (10) days following notice of the dispute, shall be submitted first and <br />promptly to mediation. Each party shall bear its own costs of mediation. If mediation <br />does not result in settlement within forty -five (45) days after the matter was submitted to <br />mediation, either party may file a claim in arbitration in accordance with the applicable <br />rules of the American Arbitration Association. The award rendered by the arbitrator <br />may be entered as a judgment in any court having jurisdiction thereof. The arbitration <br />shall be conducted in the county where the Leased Premises is located. Arbitration <br />shall be the exclusive remedy of the parties. <br />19. Enforcement and Attorneys' Fees. In the event that either party to this Lease <br />shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party <br />shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of <br />such claim. <br />• <br />
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