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• 4* <br />sr <br />r4 <br />• <br />• <br />•N <br />, <br />a• <br />• <br />C. If there occurs an Event of Default by Lessee, kr addition to any other remedies available to <br />Lessor at law or In equity, Lessor shall have Vie option to terminate this Lease and ail rights of <br />Lessee hereunder. <br />6. Lessor shall have the right to %m male this lease upon 80 days written notice It <br />A Lessee defaults hereunder n described under Paragraph 4; <br />B. The tower is wholly or partially destroyed from any cause and cannot be reasonably repaired. <br />8. The Lessee may terminale this lease upon 60 days written notice to Lessor if any of the following <br />occurs. <br />A Lessee determines, In Its sole discretion, that k will be unable to obtain all necessary <br />Governmental Approvals for Lessee's Intended use of and Improvements to the Property <br />desired by Lessee; or <br />B. Lessee's application for any Governmental Approvals necessary for Lessee's use of the <br />Property and Improvements desired by Lessee Is denied; or <br />C. any Governmental Approvals necessary for Lessee's use of the Property and/or <br />Improvements to the Property, whether now or hereafter desired by Lessee, are canceled, <br />expired, lapsed or are otherwise withdrawn, terminated or denied so that Lessee, In its <br />reasonable judgment, determines that It will no longer be able to use the Property for Lessee's <br />intended use; or <br />D. the Federal Communications Commission allocates the frequencies at which Lessee may <br />operate Its antennas and equipment and may from time to time change such frequencies. <br />My changes of thls nature that, in Lessee's reasonable judgment, renders Its operation of a <br />wireless communications facility at the Property obsolete; or <br />E. if Lessee determines that the Property has become unsuitable for Lessee's operations due to <br />changes In system or network design or in the types of equipment used in such operations of <br />Lessee's operations at the Property become unprofitable. <br />F. Any termination notice rendered by Lessee pursuant to thls Paragraph shall cause this Lease <br />to expire with the same force and effect as though the data set froth In such notice were the <br />date originally set as the expiration date of this Lease and the parties shag make an <br />appropriate adjustment, as of such termination data, with respect to payments due to the <br />other under this Lease. <br />7. This lease shall be binding upon the respective parties, their assigns and successors. Except to <br />Lessee s parent company, Lessee may assign its rights and obligations under this lease ony upon prior <br />written approval of the Lessor, and such approval shall not be unreasonably withheld <br />8. Lessee takes the facilities as Is and Lessor does not warrant that the faculty Is sufficient for the use <br />Intended by Lessee. Any modifications necessary to make the facility usable by the Lessee may only be <br />made after approval by the Lessor, such approval not to be unreasonably withheld, and shall be made at <br />the sole expense of the Lessee. <br />11 A, Lessee shall pay Lessor at 1140 21' Street, Vero leach, Florida 029/0 an annual rental of <br />Ten Thousand, Eight Hundred Dollar (=10,800.00) payable yearly In advance and due on each and every <br />anniversary data of the Cornmencement Date during the term of ills lase. On each anniversary of the <br />Commencement Date during the term, the annual rent shall be increased by four percent (4%). <br />bdian River County EMS Tower - 62715 2 <br />• <br />t lraiw.i rw� rr A w fi 1%craaav*: katiota, <br />r•� , *or •-.r <br />• <br />• <br />,. <br />-a <br />• <br />