AG 2017 08 21 - Laserfiche WebLink

Home Browse Search

8. Utility Services. a) Tenant shall have the right to connect to, maintain, repair, upgrade, remove or replace existing utility related equipment and shall have the right to install new utility related equipment to service its Antenna Facilities,or cell-on-wheels on,or serving the Property(collectively,the"Utility facilities"). b) Tenant shall be responsible for all utilities charges for electricity,or any other utility service used by Tenant on the Premises. Tenant shall install separate meters for Tenant's utility usage. 9. Access and Easements. a) Landlord shall furnish,at no additional charge to Tenant,unimpeded and secure access to the Premises on a 24-hours-a-day,7-days-a-week basis to Tenant and Tenant's employees,agents,contractors and other designees.Tenant shall make reasonable efforts to exercise its access rights in a manner that minimizes disruption of school operations,and if access is required during school hours,Tenant shall check in at the school front desk so that the school may provide an escort if desired. b) Landlord grants Tenant, at no additional Rent or charge, easements on, over, under and across the Property for ingress,egress,communications,power and other utilities,construction,demolition and access to the Premises and any Utility Facilities (collectively, the "Easements"). Landlord shall not modify, interrupt or interfere with any communications,electricity,or other utility equipment and easements serving the Premises,except with the prior written approval of Tenant. 10. Termination. Tenant may terminate this Agreement without further liability, upon -ninety (4990)days prior written notice to Landlord,for any of the following reasons:(i)changes in local or state laws or regulations which adversely affect Tenant's ability to operate; (ii) a Federal Communications Commission ("FCC") ruling or regulation that is beyond the control of Tenant; (iii)technical or economic reasons; or(iv)if Tenant is unable to obtain any Governmental Approval required for the construction or operation of Tenant's Antenna Facilities. Upon y one-hundred ei hty(39180)days prior written notice to Landlord,Tenant may terminate this Agreement for any or no reason. 11. Casualty and Condemnation. If the Premises or Antenna Facilities are damaged or destroyed by wind,fire or other casualty,Tenant shall be entitled to negotiate,compromise,receive and retain all proceeds of Tenant's insurance and other claims and Tenant may terminate the Lease by written notice to Landlord. If the Premises, any Easements or Antenna Facilities are taken or condemned by power of eminent domain or other governmental taking,then: (a)Tenant shall be entitled to negotiate,compromise, receive and retain all awards attributable to(i)the Antenna Facilities,(ii)Tenant's leasehold interest in the Property,(iii)any moving or relocation benefit available to Tenant and(iv)any other award available to Tenant that is not attributable to Landlord's title to or interest in the Property. If the Antenna Facilities are not operational due to casualty or condemnation,Tenant shall have the right to abate the Rent for that period time. In addition, Tenant may terminate the Lease by written notice to Landlord. 12. Default and Right to Cure. A party shall be deemed in default under this Agreement if it fails to make any payment,or to perform any obligation required of it within any applicable time period specified and does not commence curing such breach within thirty(30) days after receipt of written notice of such breach from the non-defaulting party ("Default"). This Agreement, or Tenant's rights of possession shall not be terminated due to any Tenant Default unless: (a)the Default is material; (b) Landlord shall have given Tenant Site Number: 5CT0156A -3- Site Lease—version 6.26.14 Site Name: Kannapolis Market Carolinas F-5 Page 88