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2004-061
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2004-061
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Last modified
8/25/2016 12:31:25 PM
Creation date
9/30/2015 7:23:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/23/2004
Control Number
2004-061
Agenda Item Number
7.I.
Entity Name
Omnipoint Holdings, Inc.
Subject
Elevated Water Tank Space License Elevated Water Tank Space
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3671
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7. SECURITY DEPOSIT. <br /> This section intentionally left blank and has been removed in its entirety. <br /> 8. TERMINATION BY I .ICE,NSOR - <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 alia 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 /> i . Licensee defaults hereunder as described in paragraph 8 ; or <br /> Page 4 of 15 <br /> F:\Utilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\T-Mobile 001 - Gifford Water Tank License to Occupy March 12, 2004.130C <br />
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