City Council Study Session Agenda and Packet 2004 05 11

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excepted. Upon termination or expiration of this Lease, Tenant shall promptly remove the Antenna Facilities and any other property of Tenant from the Premises and shall return the Premises to Landlord in good, usable condition, normal wear and tear and casualty excepted. (f) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. Landlord shall diligently correct any variation, interruption or failure of utility service. Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. (g) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement in, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term (collectively, the `Basements "). The Easements provided hereunder shall have the same term as this Lease. The location of such Easements shall be as designated by Landlord, and the Landlord may refuse to designate locations for new Easements if existing easements are adequate for ingress, egress, utilities or access. All utilities installed within an Easement designated by Landlord shall be located underground. (h) Landlord shall permit Tenant access to the Premises at all times the Property is open to the public. Landlord shall also permit Tenant access to the Premises at any other times for the emergency purposes or for other activities approved in advance by Landlord. Tenant may make use of a lockbox for after -hours access to Antenna Facilities located on Landlord's buildings; such a lockbox shall be at a mutually agreeable location, shall be used only by persons designated in advance by Tenant to Landlord, and shall be used only for emergency purposes or other activities approved in advance by Landlord. Landlord may require that Tenant be accompanied by Landlord's personnel during any access to the Premise's. Tenant agrees to be bound by all rules and regulations associated with ingress and egress to the Property set forth in this Lease and as established by Landlord 8. Termination. Except as otherwise provided herein, -this Lease may be terminated, without any penalty or further liability as follows: (a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty (30) day period; (b) by either party upon a default of any non- monetary covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that the Lease shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; (c) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the. Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and /or operation of the Antenna Facilities or Tenant's business; (d) upon ninety (90) days' written notice by Tenant if the Property or the Antenna Facilities are, or become unacceptable, under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong; (e) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and /or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; (f) at the time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power,shall be treated as a taking by condemnation; or (g) No later than sixty (60) days after the termination of this Lease, by expiration of the Term or otherwise, Tenant will remove its personal property and fixtures from the Premises and repair any damage to the Premises as provided in Site Number: DNO Site Name: Market: Denver MTA 4 Version 10 -2 -01