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i . Licensee defaults hereunder as described in paragraph 8 ; or ii . The Elevated Tank is wholly or partially destroyed by any cause and Licensor decides not to repair the Elevated Tank, 9. TERMINATION BY LICENSEE. The Licensee may terminate this Agreement upon sixty (60) days prior written notice as follows : (a) If Licensee , exercising due diligence , after appropriate applications, is unable to obtain all necessary governmental approvals for Licensee ' s intended use of and improvements to the Premises as set forth in this agreement; or (b) If Licensee ' s application for any governmental approvals necessary for Licensee ' s use of the Premises and improvements contemplated by this agreement is denied ; or (c) If any governmental approvals necessary for Licensee ' s use of the Premises and/or improvements to the Premises are canceled or are otherwise withdrawn, terminated, or denied so that Licensee will no longer be able to use the Premises for Licensee ' s use contemplated by this agreement; or (d) If Licensee is unable to utilize the Premises due to an action by the Federal Communications Commission ( " FCC " ) ; (e) If Licensor defaults on any covenant or term of this Agreement, which default is not cured within sixty (60) days of receipt of written notice of default; (f) For any reason or no reason, provided Licensee delivers written notice of early termination to Licensor no later than thirty (30) days prior to the Commencement Date ; (g) If Licensee determines that the Premises are not appropriate for its operations for economic or technological reasons , including, without limitation, signal interference ; or (h) The Elevated Tank is wholly or substantially destroyed from any cause and Licensor decides not to repair said Elevated Tank . (i) Any termination notice rendered by Licensee pursuant to this paragraph shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice where the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement, if any. 10. TAXES. If personal property taxes are assessed, Licensee shall pay any portion of such taxes attributable to the Licensee ' s Facilities . Licensee shall pay any real property taxes and assessments attributable to Licensee ' s occupancy and use of the Premises . 11 . ASSIGNMENT AND SUBLEASING . l :\Common\Nextel\FL 2590 Gifford\FL2590B SAS Submittal\Original Documents\FL2590B Gifford Nextel 002 - Elevated Water Tank Space License Agreement June 12005.doc Page 5 of 15