Agenda - Council - 09/25/2007 - Laserfiche WebLink

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notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions of this Agreement); 11. By T-Mobile for cause immediately upon notice to Owner ifT-Mobile is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Communications Facility, which termination shall not constitute a waiver of T-Mobile's rights under Paragraph 19 - DEFAULT - of this Agreement; 111. By T-Mobile for cause immediately upon notice to Owner if the Property is or . becomes unacceptable for economic or technological reasons, including without limitation, unacceptable RF plan, shadowing or interference, under the Communication's Facility, design or engineering specifications or the communications system to which the Communications Facility belongs; iv. If any portion of the Property or Communications Facility is damaged by any casualty and such damage adversely affects T-Mobile's use of the Property, this Agreement shall terminate as of the date ofthe casualtyifT-Mobile gives written notice of the same within thirty (30) days after the date of the casualty. v. By Owner, after the first Option Period of this Agreement and upon one (1) year's prior written notice to T-Mobile if Owner's Council intends to . redevelop the Property. The termination shall become effective ninety (90) days after the Council approves the redevelopment. The redevelopment shall be for a public purpose which the Owner's Council decides for any reason is a use inconsistent with continued useofthe Premises by T-Mobile. vI. By Owner if it determines that T:.Mobile has failed to comply with applicable ordinances or state or federal law, or any conditions attached to government approvals granted hereunder, after a thirty (30) day cure period, and a public hearing before the Owner's Council. b. Notice of Termination. The parties shall give notice oftermination in writing by certified mail, return receipt requested to those persons identified in paragraph 22- Notices. Such notice shall be effective upon receipt as evidenced by the return receipt, or such later date as stated in the notice. All rent shall be prorated to the date of termination. c. Site Restoration. In the event this Agreement is terminated or not renewed, T -Mobile shall have sixty (60) days from the termination or expiration date to remove its Communications Facility and related equipment from that Property to the condition existing upon the Commencement Date, except for normal wear and tear and damage by the elements. T-Mobile shall also be responsible to remove its access driveways and restore all easement areas to their condition existing on the date of this Agreement. In the event that T-Mobile's Communications Facility and related equipment are not removed to the reasonable satisfaction of the Owner, within sixty (60) days of expiration or terinination, they shall be deemed abandoned and become the property of the Owner. d. Escrow for Restoration. Upon the Commencement Date, T-Mobile shall deposit with Owner the sum of $7,500.00 which amount shall be fully refunded to T-Mobile upon the timely removal of the Communications Facility and related equipment and -244- 6