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<br />Revised June 18, 2008 <br /> <br />receipt, or such later date as stated in the notice. All rent shall be prorated to the date <br />of termination. <br /> <br />c. Site Restoration. In the event this Agreement is terminated or not renewed, T-Mobile <br />shall have sixty (60) days from the termination or expiration date to remove its <br />Communications Facility and related equipment from that Property to the condition <br />existing upon the Commencement Date, except for normal wear and tear and damage <br />by the elements. T-Mobile shall also be responsible to remove its access driveways <br />and restore all easement areas to their condition existing on the date of this <br />Agreement, reasonable wear and tear and casualty excepted. In the event that T- <br />Mobile's Communications Facility and related equipment are not removed to the <br />reasonable satisfaction of the Owner within sixty (60) days of expiration or <br />termination, after providing Tenant with thirty (30) days prior written notice, and <br />Tenant's continued failure to remove the facilities, the Communication Facilities shall <br />be deemed abandoned and become the property of the Owner. <br /> <br />d. Removal Deposit. Upon the Commencenient Date, T -Mobile shall deposit with <br />Owner the sum of Seven Thousand Five Hundred and noll 00 Dollars ($7,500.00). <br />("Removal Deposit") which amount shall be fully refunded to T -Mobile upon the <br />. timely removal.ofthe Communications Facility and related equipment and restoration <br />of the access easements and/or utility easements to the reasonable satisfaction of <br />Owner. The access easements and/or utility easements shall only be restored by T- <br />Mobile if so directed by Owner. In the event T -Mobile does not perform under this <br />paragraph as above stated, Owner may use the Removal Deposit to remove the <br />Communications Facility and/or restore the easement areas to Owner's satisfaction. <br />T-Mobile shall be responsible for payment of any such expenses which exceeds the <br />Removal Deposit. <br /> <br />16. CONDEMNATION. If a condemning authority other than the Owner takes any portion of <br />the Property and such taking adversely affects T-Mobile's use of the Leased Premises, this <br />Agreement shall terminate as of the date of the taking, ifT-Mobile gives written notice of <br />the same within thirty (30) days after T-Mobile receives notice. of any taking. The parties <br />shall be entitled to make claims in any condemnation proceeding for value of their <br />respective interests in the Leased Premises (which for T-Mobile may include, where <br />applicable, the value of the Communications Facility, moving expenses, prepaid rent, and <br />business relocation expenses). <br /> <br />17. WAIVER OF OWNER'S LIEN. To the extent permitted by law, Owner hereby waives <br />any and all lien rights it has or may have, statutory or otherwise, concerning the <br />Communications Facility or any portion thereof which shall be deemed personal property <br />for the purposes.ofthis Agreement, regardless of whether or not the same is deemed real <br />or personal property under applicable law. <br /> <br />18. QUIET ENJOYMENT. T-Mobile, upon paying the rent, shall peaceably and quietly have, . <br />hold and enjoy the Leased Premises. If, as ofthe date of execution of this Agreement or <br />hereafter, there is any mortgage or other encumbrance affecting the Leased Premises, then <br /> <br />-264- <br /> <br />7 <br />