Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T

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(c) Fire and Extended Coverai:e Insurance. Lessee shall maintain a policy of standard fire and extended coverage insurance on the Building and its improvements to the Leased Premises. 7. DAMAGE. DESTRUCTION AND TERMINATION. 7.01 Ri¡:ht to Terminate. The Lease may be terminated on thirty (30) days prior written notice as follows: (i) by either party if the other party fails to comply with any term, condition or covenant of this Lease and does not cure such failure within thirty (30) days after written notice thereof or in the event of a cure which requires in excess of thirty (30) days to complete, if said other party has not commenced such cure within thirty (30) days of such notice and is not diligently prosecuting said cure to completion, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee if it cannot obtain or maintain through no fault of its own any license, permit or other approval necessary for the construction and operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable, through no fault of its own, to occupy and utilize the Leased Premises due to an action of the Federal Communications Commission, including without limitation, a take back of channels or change in frequencies; or (iv) by Lessee if Lessee determines that the Leased Premises are not appropriate for its operations for technological reasons, including, without limitation, signal interference. Upon termination, Lessee shall have removed all of Lessee's communications equipment from the Leased Premises and shall have restored the Leased Premises to its original condition, except for normal wear and tear. Lessee shall have the right to cure any default by Lessor following such notice and cure period and to deduct the cost of such cure from rent due hereunder upon presentation of an accounting of such costs to Lessor, which cost shall not exceed the amount of the annual Base Rent due under this Lease. 7.02 Destruction or Condemnation. If the Leased Premises or Cell Site are damaged, destroyed or condemned, Lessee may elect to terminate this Lease by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction or condemnation. If Lessee chooses not to terminate this Lease, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Leased Premises. 8. T AXES. Any and all real property tax, or any other form of tax assessed or imposed against the Emerald Lake Hills Water Tank Property arising out of, or attributable to, Lessee's 11. - ~-....""-,",.~-,,, ...._-_._--'-"-