SR 05:246 - Laserfiche WebLink

attributable to the Premises and this Lease Agreement. Any such assessments that can be shovvn to be caused by the addition of Lessee's Facilities to the Lessor's real property, shall be reimbursed by the Lessee. 13. Termination. This Lease Agreement may be terminated by Lessee effective immediately "Without further liability by delivery of "Written notice thereof to Lessor prior to the Commencement Date for any reason resulting from Lessee's Due Diligence, or if a title report obtained by Lessee for Lessor's Real Property sho"Ws any defects of title or any liens or encumbrances vvhich may adversely affect Lessee's use of the Premises for Lessee's intended use, or for any other or no reason. This Lease may be terminated "Without further liability on thirty (30) days prior vvritten notice as follo"Ws: (i) by either party upon a default of any covenant, condition, or term hereof by the other party, "Which default is not cured "Within ninety (90) days of receipt of vvritten notice of default; (ii) by Lessee if it does not obtain licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities or is unable to maintain such licenses, permits or approvals despite reasonable efforts to do so; (iii) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other govemmental or regulatory agency, including, but not limited to, a take back of frequencies; (iv) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including, "Without limitation, signal strength or interference; or (v) by Lessor if Lessee's use of Lessor's Real Property interferes unreasonably vvith Lessor's use of the Real Property. Other than as stated herein, Lessor shall not have the right to terminate, revoke or cancel this Lease Agreement "Without just cause. 14. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged so as in Lessee's judgment to hinder its effective use of Lessor's Property for the ongoing operation of a "Wireless communications site, Lessee may elect to terminate this Lease Agreement as of the date of the damage or destruction by so notifYing Lessor no more than thirty (30) days follo"Wing the date of damage or destruction. In such event, all rights and obligations of the parties "Which do not survive the termination of this Lease Agreement shall cease as of the date of the damage or destruction. 15. Condemnation. If a condemning authority takes all of Lessor's Real Property, or a portion vvhich in Lessee's reasonable opinion is sufficient to render the Premises unsuitable for Lessee's ongoing operation of a "Wireless communications site, then this Lease Agreement shall terminate as of the date "When possession is delivered to the condemning authority. In any condemnation preceding each party shall be entitled to make a claim against the condemning authority for just compensation recoverable under applicable condemnation la"W. Sale of all or part of the Premises to a purchaser "With the po"Wer of eminent domain in the face of the exercise of its po"Wer of eminent domain shall be treated as a taking by a condemning authority. 16. Insurance. Lessee shall maintain the follo"Wing insurance: (1) Commercial General Liability "With limits of One Million Dollars ($1,000,000.00) per occurrence, (2) Automobile Liability at a level no less than the State of Califomia requires by la"W per accident. Each party "Waives any rights of recovery against the other for injury or loss due to hazards covered by their property insurance, and each party shall require such insurance policies to contain a "Waiver of recovery against the other and (3) Workers Compensation insurance covering all its employees. 17. Assienments or Transfers. Lessor may assign or transfer this Lease Agreement to any person or entity "Without any requirement for prior approval by Lessee, provided that such assignee or transferee agrees in vvriting to fulfill the duties and obligations of the Lessor in said Lease Agreement, Communications Site Lease Agreement Page 4 of 10