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 improvements to the Premises are canceled or are otherwise withdrawn, terminated, or denied so 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