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Site Number: MNMSP00339B 6 Confidential & Proprietary <br />Market: Minneapolis Lease Version: 1.0 <br />the Premises to Landlord in a condition similar to that which existed on the Commencement Date, normal wear and <br />tear excepted, together with all additions, alterations and improvements thereto provided, however, that Tenant shall <br />have no obligation to remove any Tenant’s Equipment or other objects that are below the surface of the Property <br />(such as cables) or any concrete or equivalent installation pad. The Parties acknowledge and agree that Rent will <br />not accrue during the Equipment Removal Period, provided, however, that if Tenant fails to remove Tenant’s Equipment during the Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section <br />7.2 below) until such time as Tenant removes Tenant’s Equipment from the Premises in accordance with this Section <br />7.1. Nothing herein, however, shall prohibit Tenant from accessing the Premises of removing all or any portion of <br />Tenant’s Equipment from the Premises at any time during the Term or the Equipment Removal Period. Tenant shall <br />repair any damage to the Premises caused by the removal of Tenant’s Equipment. <br />7.2 Holding Over. If Tenant occupies the Premises beyond the Equipment Removal Period without <br />Landlord’s written consent (“Hold Over”), Tenant will be deemed to occupy the Premises on a month-to-month <br />basis, terminable by either Party on thirty (30) days’ written Notice to the other Party, and all of the terms and <br />provisions of this Agreement shall be applicable during that period, exc ept that Tenant shall pay Landlord a rental <br />equal to one hundred twenty-five percent (125%) of the monthly Rent applicable hereunder at the expiration of the <br />Term or applicable Renewal Term, prorated for the number of days of such holding over. <br /> <br /> <br />8. Default, Remedies and Termination . <br /> 8.1 Default. If any one (1) or more of the following events (each, an “Event of Default ”) occurs during <br />the Term, then the non-defaulting Party may elect one or more of the remedies set forth below in this Section 8 or <br />seek any other remedy available at law or in equity: (a) a Party’s failure to make any payment required by this <br />Agreement within thirty (30) days after such Party’s receipt of written Notice from the other Party of such failure <br />to pay; (b) failure by either Party to observe or perform any of the covenants or other provisions of this Agreement <br />to which either Party is bound by this Agreement where such failure: (1) continues for a period of thirty (30) days <br />after written Notice thereof from the non-defaulting Party, provided, however, that if the event for which the Notice <br />is given is of a nature that may not be reasonably cured within said thirty (30) day period, then such Party shall not <br />be in default for so long as such Party commences to cure the failure within the thirty (30) day period and diligently <br />pursues it to conclusion; and/or (2) based upon Tenant’s reasonable determination, materially affects Tenant’s ability to transmit or receive wireless communications signals to or from the Premises; (c) either Party files a petition <br />in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or <br />under any insolvency act of any state, or admits the material allegations of any such petition by answer or otherwise, <br />or is dissolved or makes an assignment for the benefit of creditors; and/or (d) involuntary proceedings under any <br />such bankruptcy law or insolvency act or for the dissolution of either Party are instituted against either Party, or a <br />receiver or trustee is appointed for all or substantially all of the property of either Party, and such proceeding is not <br />dismissed, or such receivership or trusteeship vacated within sixty (60) days after such institution or appointment. <br /> <br />8.2 Remedies and Termination. Upon the occurrence of any uncured Event of Default, the non- <br />defaulting Party may thereafter terminate this Agreement immediately upon written Notice to the other Party <br />without prejudice to any other remedies the non-defaulting Party may have at law or in equity. Further, Tenant shall have the right, but not the obligation, to terminate this Agreement without further liability upon thirty (30) days <br />prior written Notice to Landlord due to any one or more of the following: (i) changes in Applicable Law which <br />prohibit or adversely affect Tenant’s ability to operate Tenant’s Equipment at the Premises; (ii) Tenant, in its sole <br />discretion, determines that Tenant’s Permitted Use of the Premises is obsolete or unnecessary; (iii) Landlord or a <br />third party installs any structure, equipment, or other item on the Structure, Property or an adjacent property, which blocks, hinders, limits, or prevents Tenant from being able to use the Tenant Equipment for Tenant’s Permitted Use. <br /> <br /> <br />[Remainder of page intentionally left blank.] <br /> <br /> <br />81