Agenda - Council - 06/24/2008 - Laserfiche WebLink

Home

Revised June 18,2008 Owner agrees to obtain from the holder of such encumbrance an agreement that T -Mobile shall not be disturbed in its possession, use and enjoyment of the Leased Premises. Owner shall not cause or permit any use of the Leased Premises which interferes with or impairs (a) the integrity of the Communications Facility and/or the structure to which it is attached, or (b) the quality of the communication services being rendered by T-Mobile . from the Leased Premises. Except in cases of emergency, Owner shall not have access to the Leased Premises unless accompanied by T-Mobile personnel. 19. DEFAULT. Except as expressly limited hereby, Owner and T-Mobile shall each have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty (30) days. 20. INTERFERENCE. T-Mobile'sequipment shall be installed and operated in a manner which does not cause interference to Owner's communications equipment. Should any such interference occur, Owner and T-Mobile shall diligently pursue a cure to remove or satisfactorily attenuate such interference. If such interference to the Owner's communications equipment cannot be cured or satisfactorily attenuated, T -Mobile agrees to immediately stop using its equipment if so demanded in writing by Owner. 21. ASSIGNMENT. This Agreement may not be sold or assigned at any time by T-Mobile without Owner's consent, provided however that T-Mobile may assign this Agreement, without Owner's consent, upon written notice to Owner, to its parent company, or any affiliates or subsidiaries of it or its parent company, or any party that merges or consolidates with T-Mobile or T-Mobile's parent, or any party that purchases or otherwise acquires all or substantially all of T-Mobile's stock or assets without the written consent of the Owner. Upon such assignment, T-Mobile shall be relieved of all liabilities and obligations hereunder and Owner shall look solely to the assignee for performance under this Agreement and all obligations hereunder. Owner hereby consents to the assignment by T-Mobile of its rights under this Agreement as collateral to any entity which provides fmancing for the purchase of the equipmentto be installed at the Leased Premises subject to paragraph 14(d) of this Agreement. Additionally, notwithstanding anything to the contrary herein, T-Mobile may, ~pon written notice to Owner, collaterally assign or grant a security interest in this Agreement and the Communication Facilities, and may assign this Agreement and the Communication Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties"). In such event, Owner shall execute such consent to leasehold financing as may reasonably be required by. such Secured Parties. Notwithstanding the above, any security interests granted by T-Mobile shall be subordinate to this Agreement herein. 22. CO~LOCATION. T-Mobile shall have the right at any time during the Initial Term or and subsequent term thereafter to sublease any portion of the Leased Premises and/or easements set forth in Exhibit B to another wireless service provider. As compensation to the Owner for T-Mobile's right to sublease, T-mobile shall pay to Owner ten percent (10%) of the rental revenue actually received by T-Mobile from said sublease(s). T- Mobile shall not unreasonably refuse to allow another wireless service provider to co- locate on the Leased Premises. T-Mobile shall reserve one co-location position for use by Owner at no cosito Owner. 8 -265-