CC WORKSESSION 10042005 - Laserfiche WebLink

Home Browse Search

the Tenant Facilities, the Tenant Facilities shall become property of Landlord, to be disposed of as Landlord sees fit at Tenant's expense. (b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property, provided that Landlord approves in advance any separate utility company selected by Tenant. Nothing herein shall be deemed to require Landlord to approve any utility company or grant any utility company any rights in the Property. (c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a day, seven (7) days a week, at no charge. Tenant's lease of the Premises pursuant to the terms hereof includes the right to access the same from the closest public right -of -way. Tenant's indemnification and other obligations set forth herein are applicable to all access points to the Premises as well as the Premises depicted on Exhibit B. 7. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ( "FCC ") requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 8. Taxes. If property taxes are assessed on the Tenant Facilities or the Tenant's use of the Premises, Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when due all real property taxes, assessments and deferred taxes on the Property. 9. Security Interest. Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ( "Collateral ") with a third party financing entity (and may in the future enter into additional fmancing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) subordinates any interest it may have in the Collateral, as fixtures or otherwise to the interest of such third party; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due for so long as such third party has a security interest in the same, and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Tenant Default; Termination. In the event Tenant fails to perform any of its obligations hereunder, and such failure continues for thirty (30) days after notice from Landlord and opportunity to cure (or, in the case of a monetary default, five (5) days after notice and opportunity to cure, except no notice is required for the payment of recurring monthly Rent), Landlord may exercise any of the following remedies: a. Termination. Landlord may deliver Tenant notice that this Agreement is terminated on the date specified in such notice, and upon such date this Agreement shall terminate, and all obligations of the parties shall terminate on such date, except for those obligations specifically described to survive. b. Continuation after Default. Landlord may allow this Agreement to continue, preserving all remedies arising from such default, and may, at Landlord's option, cancel all remaining Renewal Terms. C. Damages. Landlord may pursue any action or claim against Nextel for damages, whether or not Landlord has terminated this Agreement as set forth above. 10.15.2004