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2005-280
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2005-280
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Last modified
8/1/2016 1:48:03 PM
Creation date
9/30/2015 9:02:40 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2005
Control Number
2005-280
Agenda Item Number
7.Q.
Entity Name
Nextel Communications,Inc.
Subject
Gifford Elevated Water Tank Space License
Area
4690 28th Ct.
Supplemental fields
SmeadsoftID
5129
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r ' <br /> 7. SECURITY DEPOSIT. <br /> This section intentionally left blank and has been removed in its entirety . <br /> 8. TERMINATION BY LICENSOR. <br /> (a) The Licensor reserves the right to terminate this Agreement if Premises are needed for the <br /> use of Licensor upon one hundred eighty ( 180) days ' prior written notice by Licensor to Licensee . <br /> Licensor may not terminate License for purpose of substituting a new or different licensee . <br /> (b) If Licensee defaults under any of the conditions set forth herein, Licensor shall have the <br /> right to terminate this Agreement upon thirty (30) days ' written notice to Licensee . The occurrence <br /> of any one or more of the following events inter alfa shall constitute an " Event of Default " <br /> hereunder by Licensee : <br /> i . The failure by Licensee to make any payment of license fees or any other payment required <br /> to be made by Licensee hereunder, as and when due , where such failure shall continue for a <br /> period of 30 days after receipt of written notice thereof by Licensee . <br /> ii The failure by Licensee to observe or perform any of the covenants or provisions of this <br /> Agreement to be observed or performed by Licensee, where such failure shall continue for a <br /> period of 30 days after receipt of written notice by Licensee ; provided, however, that it shall <br /> not be deemed an Event of Default by Licensee if Licensee shall commence to cure such <br /> failure within said 30 days and thereafter diligently cures the default within 60 days, unless <br /> written extension is granted by Licensor. <br /> iii The Licensee uses the Premises or the Property for any unauthorized or illegal purpose . <br /> iv The Licensee uses the Property for other than the use permitted by this Agreement. <br /> v The Licensee ' s or Licensee ' s employee ' s or agent' s act or omission damages the Property <br /> or harms the environment and Licensee , after written notice from Licensor, has not repaired <br /> any damage or cured any failure within thirty (30) days after receipt of written notice by <br /> Licensee ; provided , however, that it shall not be deemed an Event of Default by Licensee <br /> if Licensee shall commence to cure such failure within said 30 days and thereafter <br /> diligently cures the default within 60 days . Further written extensions may be granted by <br /> Licensor in its sole discretion. <br /> If there occurs an Event of Default by Licensee, in addition to any other remedies available to <br /> Licensor at law or in equity, if Licensee has not cured any failure within thirty (30) days after <br /> receipt of written notice by Licensee, provided, however, that it shall not be deemed an Event of <br /> Default by Licensee if Licensee shall commence to cure such failure within said thirty (30) days and <br /> thereafter diligently cures the default within sixty (60) days , Licensor shall have the option to <br /> terminate immediately this Agreement and all rights of Licensee hereunder unless written extension <br /> is granted by Licensor. <br /> (c) Licensor shall have the right to terminate this Agreement upon sixty (60) days ' written <br /> notice if. <br /> 1 :\Common\Nextel\FL- 2590 Gifford\FL2590B SAS Submittal\Original Documents\FL2590B Gifford Nextel 002 - Elevated Water Tank Space License Agreement lune <br /> 1 2005.doc <br /> Page 4 of 15 <br />
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