02/28/2000 Council Packet - Laserfiche WebLink

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• • • unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord upon twelve months prior written notice to Tenant, if its Council decides, for any reason, to discontinue use of the Structure for all purposes; (v) by Landlord if it determines, based on a report by an independent, professional structural engineer, that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) or by Landlord if it determines that a potential user with a higher priority under Subparagraph 6(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if It determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of Termination, The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have sixty (60) days from the termination or expiration date to its Antenna Facilities, and related equipment from the Leased Premises, repair and restore the surface of the Structure. If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to Tenant informing Tenant that Antenna Facilities or related property have been removed and will be deemed abandoned if not