Agenda - Council - 06/10/1997 - Laserfiche WebLink

Home

I I I I I I I I I I I I I I I I I I I JUN-02-199? 18:05 LEAGUE OF MN CITIES P.13/18 (c) Temmt~ Liability' for Em'Iv Termin~on. If Tenant terminates this Le~se other than of fight ss provided in t.kis Lease, Tenant ~h~ll pzy to Landlord as liquidated damages for early termination, 150% of the annual rent for the yem- in which Tenant terminates, unless Tcnamt terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) ,Site Restoration. In the event that this Lease is tem~inated or not renewed, Tenant shall have 60 days bom the temlination or expiration date to remove its Antenna Facilities, and related equipment fi-om the Leased Premix, ru-,pair the site and res-tom the surface of the Strucuire. Upon the commencement of this Lease, Teziant shall delSosit with Landlord the sum of $$,000.00, which shall be fully refunded to Tenant upon the'timely removal of the Antennas Facilities, and related equipment, the repair of the site and the restoration 0fthe Stmcuire surface to the reasonable satisfaction of the Landlord. In the event that Tenant's Anteama Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further fights thereto. Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: 14. 15. If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. LJmimtJ. on of Landiord'sLia..bi!.iD'. If Landlord termiinates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenam or for any other Landlord breach of tkis Lease, ,Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recover,/for value of the business of Tenam as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. Temporary Interrul~fions~fService. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant ~o discominue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not ~ive prior notice to Tenant Landlord shall notify Tenant as soon as possible after its action and give its reason for raking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation olios Amerma Fac/l/ties, except as may be caused by the willful misconduct of the Landlord, 9