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agents, contractors and subcontractors in which event, City shall repair and/or replace Zone 7's Equipment and Antenna at City's sole cost; or, (b) Within a reasonable time provide comparable Premises or Antenna Site that affords Zone 7 with coverage comparable to that which existed prior to the partial destruction. In the event such partial damage or destruction shall occur within three (3) months prior to the end of the original term, then this Lease Agreement, if either City or Zone 7 so elects, shall then terminate and Zone 7 shall be liable for rent only up to the time of such damage or destruction. The decision whether any portion of the Leased Areas are partially destroyed or partially condemned (for purposes of Section 10), or are still usable by Zone 7 for SCADA Communications Network shall be made jointly by City and Zone 7, and, if they cannot agree, by an arbitrator reasonably acceptable to both parties. 9.3 W aiver of Civil Code Sections. Zone 7 waives the provisions of Civil Code Section 1932(2) and Civil Code Section 1933(4) with respect to any destruction of the Leased Areas. 10. Condemnation If all or part of the Leased Areas are taken by condemnation such that the Leased Areas are no longer usable for the purposes stated in this Lease Agreement, this Lease shall terminate unless Zone 7's Equipment and Antenna can be relocated to another position at the Tower acceptable to Zone 7 if such space is available and does not interfere with the use of the Tower by the City, Pleasanton, or other tenants on the Tower or Property priorto Zone 7. Zone 7 shall be entitled only to that portion of the proceeds of condemnation which is directly attributable to the value of Zone 7's interest in this Lease Agreement. 11. Assionment 11.1 Prohibition Against Assionment and Encumbrance. This Lease Agreement and any rights or obligations of Zone 7 hereunder shall not be sold, assigned, transferred, leased, assigned, sublet, conveyed, hypothecated, nor shall there be any grant of licenses, franchises or concessions, nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any person, either in whole or in part, or in any manner, without the prior written consent of the City and Pleasanton. Zone 7 shall not allow any other person or entity to occupy or use all or any part of the Leased Areas, without first obtaining the written consent of both City and Pleasanton. In order to obtain City's written consent for any such assignment, the proposed assignee or transferee must demonstrate to the satisfaction of the City and Pleasanton that it possesses the legal, financial and technical qualifications necessary to perform all the terms, conditions and obligations under this Lease Agreement for the remaining term thereof, and such reasonable additional obligations required by the assignee or transferee by the City for the specific and limited purpose of assuring the performance of all the terms, conditions and obligations of this Lease Lease Agreement -Zone 7 Page 11