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

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restoration of the access easements and/or utility easements to the reasonable satisfaction of Owner. The access easements and/or utility easements shall only be restored by T-Mobile if so directed by Owner. In the event T-Mobile does not perform under this paragraph as above stated, Owner may use the escrow funds to remove the Communications Facility and/or restore the easement areas to Owner's satisfaction. T-Mobile shall be responsible for payment of any such expenses which exceeds the escrow balance. 16. CONDEMNATION. If a condemning authority takes any portion of the Property and such taking adversely affects T-Mobile's use of the Property, this Agreement shall terminate as of the date of the takIDg, ifT-Mobile gives written notice of the same within thirty (30) days after T-Mobile receives notice of any taking. The parties shall be entitled to make claims in any condemnation proceeding for value of their respective interests in the Property (which for T-Mobile may include, where applicable, the value of the Communications Facility, moving expenses, prepaidrent, and business relocation expenses). 17. WAIVER OF LANDLORD'S LIEN. To the extent permitted by law, Owner hereby waives any and all lien rights it has or may have, statutory or otherwise, concerning the Communications Facility or any portion thereof which shall be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable law. 18. QUIET ENJOYMENT. T -Mobile, upon paying the rent, shall peaceably and quietly . have, hold and enjoy the Property. If, as of the date of execution of this Agreement or hereafter, there is any mortgage or other encumbrance affecting the Property, then 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 Property. Owner shall not cause or permit any use of the Property 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 Property. Except in cases of emergency, Owner shall not have access to the Property 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's equipment 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. 7 -245-