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AgdaPkt 2007-06-25
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AgdaPkt 2007-06-25
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Last modified
6/27/2007 10:13:20 AM
Creation date
6/21/2007 2:13:21 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
6/25/2007
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<br />Attachment ] <br /> <br />6.1C <br />Page 14 <br /> <br />and the applicable utility company, provided they do not interfere with other facilities on the Site. 10. <br /> <br />10. SIGNS. Lessee shall not place any signs upon the Leased Premises, except for those <br /> <br />signs required by law, induding FCC required signage and Lessee contact number signage. <br /> <br />11. ASSIGNMENT AND SUBLETTING. <br /> <br />11.01 Lessor's Consent Required. Lessee shall not voluntarily or by operation of law assign, <br /> <br />transfer, mortgage, sublet or otherwise transfer or encumber all or any part of the Lessee's interest in this <br /> <br />Lease or in the Leased Premises, without Lessor's prior written consent, which consent shall not be <br /> <br />unreasonably withheld. Lessor shall respond to Lessee's request for consent thereunder in a timely maImer <br /> <br />and any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be <br /> <br />void, and shall constitute a breach of this Lease. Notwithstanding anything to the contrary contained herein, <br /> <br />Lessee may assign or transfer this Agreement without prior approval by Lessor to any of its partners, <br /> <br />subsidiaries, affiliates, or to a person or entity acquiring by purchase, merger or operation of law a majority <br /> <br />of the value of the assets of Lessee. The terms "majority of the value of the assets of Lessee" is applicable <br /> <br />to partners, subsidiaries, affiliates and/or persons of entity. <br /> <br />11.02 No Release of Lessee. No subletting or assignment as approved by Lessor shall release <br /> <br />Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to perform all other <br /> <br />obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person <br /> <br />shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or <br /> <br />subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default <br /> <br />by any assignee of Lessee or any successor of Lessee in the performance of any of the terms hereof, Lessor <br /> <br />may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. <br /> <br />Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications <br /> <br />to this Lease with assignees of Lessee, without notifying Lessee, or any successor of Lessee, and without <br /> <br />obtaining Lessee's consent thereto, and such action shall not relieve Lessee ofliability under this Lease. <br /> <br />11.03 Waiver of Lien Rights. Lessor waives any lien rights it may have concerning the <br /> <br />Lessee's Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right <br /> <br />to remove the same at any time without Lessor's consent. In addition, Lessor acknowledges that Lessee <br /> <br />may finance the Lessee's Facilities (the "Collateral"). In cOlmection therewith, Lessor (i) consents to the <br /> <br />Lease Agreement-Communications Site - rOE Tower (Redwood Shores Parkway and Radio Road) - Rev I (215/07) <br /> <br />12 <br />
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