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SPRINT 1 - 2004
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SPRINT 1 - 2004
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Last modified
1/3/2012 2:10:31 PM
Creation date
12/10/2004 9:56:52 AM
Metadata
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Template:
Contracts
Company Name
Sprint PCS Assets
Contract #
A-2004-138
Agency
Parks, Recreation, & Community Services
Council Approval Date
7/6/2004
Expiration Date
6/30/2014
Insurance Exp Date
4/1/2008
Destruction Year
2019
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<br />31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot <br />reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or <br />other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for <br />more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has <br />not commenced the restoration required to permit LESSEE to resume its operation at the Premises, tenninate this Lease <br />upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with <br />the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of <br />this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments <br />due to the other under this Lease. <br /> <br />32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may <br />teoninate this Lease upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in <br />any cundemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs <br />and its damages and losses (but not for the loss of its leasehold interest). Any such notice of tennination shall cause this <br />Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as <br />the expiration date of this Lease and the parties shall make an appropriate adjustment as of such tennination date with <br />respect 10 payments due to the other under this Lease. <br /> <br />33. SUBMISSION OF LEASE. The submission of Ihis Lease for examination does not constitute an <br />offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties. If <br />any provision herein is invalid, it shall be considered deleted from this Lease and shall not invalidate the remaining <br />provisions of this Lease. <br /> <br />34. APPLICABLE LAWS. LESSEE shall use the Premises I,,, the use described above in Section <br />10. in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance <br />with all applicable, laws, rules and regulations and agrees to reasonably cooperale with the LESSEE regarding any <br />compliance required by the LESSEE in respect to its use of the Premises. <br /> <br />35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to Ihe <br />other Party shall survive any tennination or expiration of this Agreement. Additionally, any provisions of this <br />Agreement which require performance subsequent to the termination or expiration of this Agreement shaH also survive <br />such termination or expiration. <br /> <br />36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are <br />not intended to be part of the Agreement. They shall not affect or be utilized in the construction or intetpretation of the <br />Agreement. <br /> <br />37. PROPERTY SPECIFIC ACCESS RULESIREGULATlONS. LESSEE agrees to abide by all rules <br />and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same <br />may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the <br />Facilities site and are imposed to insure the proper maintenance. good order and reasonable use of the Premises and <br />Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. <br /> <br />38. POWERING DOWN DURING MAlNTENANCElREPAIR. (Not applicable to free- <br />standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications <br />Facilily by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth <br />by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental <br />Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards <br />promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation. the effected transmitters of <br />LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to <br />LESSEE using the infoonation in Exhibit E (as applicable). <br /> <br />39. TERMINATION. <br /> <br />8 <br /> <br />~ <br />
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