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07/21/98
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07/21/98
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Meetings
Meeting Document Type
Agenda
Document Title
Road and Bridge Committee
Document Date
07/21/1998
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Environmental Notices. Lessor shall give prompt written notice to Lessee of (i) any <br />proceeding or inquiry by any governmental authority with respect to the presence of any <br />Hazardous Material on the Premises or Lessor's Property or the migration thereof from <br />or to other property; (ii) all claims made or threatened with respect to the Property by <br />any third party against Lessor or Lessee relating to any loss or injury resulting from any <br />Hazardous Materials; (iii) any spill, release, disch.arge or disposal of Hazardous <br />Materials that occurs with respect to Lessor's/Lessee's operations; and (iv) all matters <br />of which Lessor/Lessee is required to give notice. <br /> <br />10. CONDEMNATION/DESTRUCTION OF PROPERTY/LEASED PREMISES. If the <br /> Property or Leased Premises are, in whole or in part, destroyed by fire or other <br /> elements, or condemned by public authorities, whether by eminent domain or <br /> otherwise, then (1) if wholly destroyed or condemned so that all of the Leased <br /> Premises are rendered untenantable, the lease shall then terminate, and Lessee <br /> shall be liable for the rent only up to the time of such destruction or condemnation <br /> and the rent prepaid by Lessee shall be returned to it; but (2) if only partially <br /> destroyed or condemned, and still tenantable, Lessor shall, within thirty days, repair <br /> said premises with a reasonable reduction of rent from the time of such partial <br /> destruction or condemnation until the Leased Premises be again of reasonable <br /> value to Lessee as the premises were before partially destroyed or condemned; <br /> provided, however, that if such partial destruction or condemnation shall occur within <br /> six (6) months prior to the termination of this lease, then this lease, if Lessee so <br /> elects, shall then terminate and Lessee shall be liable for rent only up to the time of <br /> such destruction or condemnation and any rent prepaid by Lessee shall be returned <br /> to it. A decision as to whether partially destroyed or partially condemned premises <br /> are still tenantable as provided herein, shall be made jointly by Lessor and Lessee, <br /> and if they cannot agree, by an arbitrator agreeable to both parties. <br /> <br />11. LESSOR'S MAINTENANCE. During the term of this lease, Lessor shall keep the <br /> Leased Premises and the Property owned by Lessor of which they are a part in <br /> good condition and repair. However such maintenance and repairs should be done <br /> in a manner so as to not interfere with Lessee's use of Leased Premises. <br /> <br />12. CONDITION AND SURRENDER OF SITE. Upon termination or expiration of this <br /> lease Lessee will surrender the Leased Premises to Lessor in good condition except <br /> (a) for reasonable wear and tear, or (b) for damage due to causes beyond Lessee's <br /> control or without its fault or negligence, or (c) for both. <br /> <br />13. PAINTING AND LIGHTING. Lessor acknowledges that it, and not Lessee, shall be <br /> responsible for compliance with all tower or building marking and lighting <br /> requirements, which may be required by the Federal Aviation Administration (the <br /> "F.A.A.") or the Federal Communication Commission (the "F.C.C."). Further, Lessor <br /> is responsible for all up keep and maintenance of tower/building painting and <br /> lighting specifications set forth by the FCC and the FAA. Lessor shall remain aware <br /> of all FCC/FAA rules and regulations that will effect his/her tower or building. Lessor <br /> <br /> 7 <br />PageMart Wireless, Inc. Standard Lease Revision1 <br /> <br /> <br />
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