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AG 2017 08 21
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AG 2017 08 21
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Last modified
8/24/2017 4:41:15 PM
Creation date
11/27/2017 10:29:54 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/21/2017
Board
Board of Commissioners
Meeting Type
Regular
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18. Assignment. <br /> a) Tenant shall have the right to assign,sublease or otherwise transfer this Agreement, upon <br /> written notice to Landlord and Landlord approval shall not be unreasonably withheld,delayed or conditioned; <br /> provided, however Tenant may assign without Landlord's prior written consent, to a parent, to any party <br /> controlled by,or under common control with Tenant or to any party which acquires 51%or more of the stock <br /> or assets of Tenant.Tenant shall be relieved of all liabilities and obligations and Landlord shall look solely to the <br /> transferee for performance under this Agreement. Upon receipt of a written request from Tenant, Landlord <br /> shall promptly execute an estoppel certificate. <br /> b) Landlord shall have the right to assign and transfer this Agreement only to a successor owner <br /> of the Property. Only upon Tenant's receipt of written verification of a sale,or transfer of the Property shall <br /> Landlord be relieved of all liabilities and obligations and Tenant shall look solely to the new landlord for <br /> performance under this Agreement.Landlord shall not attempt to assign,or otherwise transfer this Agreement <br /> separate from a transfer of ownership of the Property(the"Severance Transaction"),without the prior written <br /> consent of Tenant,which consent may be withheld or conditioned in Tenant's sole discretion.If Tenant consents <br /> to a Severance Transaction,Landlord and its successors and assigns shall remain jointly and severally responsible <br /> for the performance of all duties and obligations of the Landlord under this Agreement. <br /> 19. Relocation. Landlord must provide Tenant at least six(6) months written notice of any repairs, <br /> maintenance or other work(the "Work")during the Term of the Lease which would require the relocation of <br /> the Antenna Facilities. Landlord agrees that the Work will not interfere with or alter the quality of the services <br /> provided by the Antenna Facilities.Landlord will reimburse Tenant for all expenses incurred by Tenant required <br /> to accommodate the Work. <br /> 20. Marking and Lighting Requirements.If any tower or other support structure for Tenant's Antenna <br /> Facilities is owned by Landlord,Landlord acknowledges that Landlord shall be responsible for compliance with <br /> all marking and lighting requirements of the Federal Aviation Administration and the FCC. Landlord shall <br /> indemnify and hold Tenant harmless from any fines or other liabilities caused by Landlord's failure to comply <br /> with these requirements. <br /> 21. Miscellaneous. <br /> a) The prevailing party in any litigation or other legal proceedings arising under this Agreement <br /> (including any appeals and any insolvency actions)shall be entitled to reimbursement from the non-prevailing <br /> party for reasonable attorneys'fees and expenses. <br /> b) This Agreement constitutes the entire agreement and understanding of the parties, and <br /> supersedes all offers,negotiations and other agreements with respect to the subject matter and Property. Any <br /> amendments to this Agreement must be in writing and executed by both parties. <br /> c) Landlord agrees to cooperate with Tenant in executing any documents which Tenant <br /> reasonably deems necessary to insure,protect Tenant's rights in,or use of,the Premises. Landlord shall execute <br /> and deliver: (i)a Memorandum of Lease in substantially the form attached as Exhibit C;and(ii)if the Property <br /> is encumbered by a deed, mortgage or other security interest (each, a "Mortgage"), a subordination, non- <br /> disturbance and attornment agreement using Tenant's form. <br /> Site Number: 5CT0156A -6- Site Lease—version 6.26.14 <br /> Site Name: Kannapolis <br /> Market Carolinas <br /> F-5 Page 91 <br />
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