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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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072109
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03
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7/14/2009 2:27:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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representatives, employees for any lost revenue, lost profits, loss of technology, rights or <br /> services, incidental, punitive, indirect, special or consequential damages, loss of data, or <br /> interruption or loss of use of service, even if advised of the possibility of such damages, whether <br /> under theory of contract, tort (including negligence), strict liability or otherwise. <br /> 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained <br /> herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, <br /> LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the <br /> Commencement Date provided that three (3) months prior notice is given to LESSOR. <br /> 12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency <br /> which will not cause harmful interference which is measurable in accordance with then existing <br /> industry standards to any equipment of LESSOR or other lessees of the Property which existed <br /> on the Property prior to the date this Agreement is executed by the Parties. In the event any after <br /> installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE <br /> in writing of such interference, LESSEE will take all commercially reasonable steps necessary to <br /> correct and eliminate the interference within thirty (30) days of receipt of said notice. LESSOR <br /> acknowledges that the interference may come from different sources, and LESSEE shall only be <br /> responsible to correct interference caused by LESSEE'S equipment. In the event LESSEE fails to <br /> so correct such interference after said notice and cure period, LESSEE shall be in default under <br /> this Agreement. LESSOR agrees that LESSOR and /or any other tenants of the Property who <br /> currently have or in the future take possession of the Property will be permitted to install only <br /> such equipment that is of the type and frequency which will not cause harmful interference which <br /> is measurable in accordance with then existing industry standards to the then existing equipment <br /> of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for <br /> noncompliance with the provisions of this Paragraph and therefore, either Party shall have the <br /> right to equitable remedies, such as, without limitation, injunctive relief and specific <br /> performance. <br /> 13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or <br /> within ninety (90) days after any earlier termination of the Agreement, remove its building(s), <br /> antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and <br /> restore the Premises to its original condition, reasonable wear and tear and casualty damage <br /> excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and <br /> personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall <br /> have the right to remove the same at any time during the Term, whether or not said items are <br /> considered fixtures and attachments to real property under applicable Laws (as defined in <br /> Paragraph 32 below). If such time for removal causes LESSEE to remain on the Premises after <br /> termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the <br /> existing monthly pro -rata basis if based upon a longer payment term, until such time as the <br /> removal of the building, antenna structure, fixtures and all personal property are completed. <br /> 14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part <br /> thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the <br /> Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties <br /> Meadowlark Park <br /> 1006543 2 <br /> 7 <br />
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