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Agenda - Council - 02/08/2005
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Agenda - Council - 02/08/2005
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3/21/2025 1:40:16 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/08/2005
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Site Name: Ramsey DySprosium Water Tower Sprint PCS Site ID #: MS60XC333A <br /> <br />419033/2 <br /> <br />(g) <br /> <br />(h) <br /> <br />10. <br /> <br />LESSOR'S Council in favor, of LesseeLESSEE dated <br /> <br />By Leo~ooT rtecr;~ for catise immediately upon notice to Lessor if it is unable to <br />obtain br maintain an_'y lieensei permit or other governmental approval necessary <br />for the Construction ahd/°r' operation of the Site or Sprint's business; <br /> <br />By Les~eeLESSEE for cause immediately upon notice to Lessor if the Leased <br />Premises is or beComes unhCceptable for technological reasons, including without <br />limitation, unacceptable RF plan shadowing or interference, under Sprint's Site, <br />design or engineeringi specifications or the communications systems to which the <br />Site belong. <br /> <br />PAYMENT FoR UTILITIES. LesseeLESSEE shall separately meter charges for <br />the consumption of ~,lectricity and other utilities associated with its use of the <br />Leased premises and shallPromptly pay all costs associated therewith. <br /> <br />LIMIT~tTION OF LESSOR'S LIABILITY. If Lessor LESSOR terminates this <br />Lease Agreement °thOr: than as of right as provided in this Lease Agreement, or <br /> ............ of Lessee ...... or for any <br />Lessor r rmer~o. ~.,o~,~o interruption of the business ' <br />other LESSOR Less0. r breach of this Lease Agreement, Lessor's liability for <br />damages to Les~-~..eLEESEE shall be limited to the actual and direct costs of <br />equipment removal, r01ocation or repair and shall specifically exclude any recovery <br />for value of the busingss: i. i ~ <br />of Lessee ...... . as a going concern, future expectation <br />of profits, loss of business 6r prOfit or related damages to LesseeLESSEE. <br /> <br />TElV[P RARY I/STERRUP. TIONS OF SERVICE. If Lessor LESSOR determines <br />that continued oPeratiOn of the antenna facilities would cause or contribute to an <br />immediate threat to public !health and/or safety (except for any issues associated <br />with human eXposUre to radio fi'equency emissions, which is regulated by the <br />federal : ~ r r:cct~v ro~,~or r;e~ to discontinue its <br /> government), ~essor'~..~.~,._... may order <br />operation. LesseeL~.E~, Shall.immediately comply with such an order. <br /> ( <br /> <br />Service shall be discontinued only :for the period that the immediate threat exists. <br />LessorLESSOR does not give prior notice to LesseeLESEEE, Lessm ....... shall <br />notify L~essee~?,~ asr ~: soon as possible after its action and give its reason for <br />taking the action.. LegsorLEEE©R shall not be liable to LesseeLES£EE or any <br />other party for any interruption in , ~erm,o interference with <br /> Lessee sLE ..... service or <br />Lessee'sLESSEE': operation of its antenna facilities, except .as may be caused by <br />the willful misconduct 'of the *~' ..... , ~cr~r, its employees or agents. If the <br />discontinuance eXtends for a period greater than two days, either consecutively or <br /> <br />~ 5 <br /> <br /> <br />
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