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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 <br /> LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps <br /> necessary to correct and eliminate the interference within thirty (30) days of receipt of said <br /> notice. LESSOR acknowledges that the interference may come from different sources, and <br /> LESSEE shall only be responsible to correct interference caused by LESSEE's equipment. In the <br /> event LESSEE fails to so correct such interference after said notice and cure period, LESSEE <br /> shall be in default under this Agreement. LESSOR agrees that LESSOR and/or any other <br /> tenants of the Property who currently have or in the future take possession of the Property will <br /> be permitted to install only such equipment that is of the type and frequency which will not <br /> cause harmful interference which is measurable in accordance with then existing industry <br /> standards to the then existing equipment of LESSEE. The Parties acknowledge that there will <br /> not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and <br /> therefore, either Party shall have the right to equitable remedies, such as, without limitation, <br /> injunctive relief and specific 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), equipment, conduits, fixtures and all personal property and restore the <br /> Premises to its original condition (except that the bushes and plants planted, and landscaping <br /> improvements performed, by LESSEE shall remain), reasonable wear and tear and casualty <br /> damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, <br /> fixtures and personal property of LESSEE shall remain the personal property of LESSEE and <br /> LESSEE shall have the right to remove the same at any time during the Term, whether or not <br /> said items are considered fixtures and attachments to real property under applicable Laws (as <br /> defined in Paragraph 32 below). If such time for removal causes LESSEE to remain on the <br /> Premises after termination of this Agreement, LESSEE shall pay rent at the then existing <br /> monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until <br /> such time as the removal of the building, antenna structure, fixtures and all personal property are <br /> completed. <br /> 14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any <br /> part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless <br /> the Parties are negotiating a new lease or lease extension in good faith. In the event that the <br /> Parties are not in the process of negotiating a new lease or lease extension in good faith, <br /> Meadowlark Park <br /> 1189687.4 <br /> 7 <br />