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<br />perform any reasonable interference or structural evaluations.
<br />8. Termination. Except as otherwise provided herein, this Lease may be terminated, as follows:
<br />(a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under
<br />this Lease within that thirty (30) day period;
<br />(b) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior
<br />to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits
<br />or cancels any license (including without limitation an FCC license), permit or any Governmental Approval necessary to the
<br />installation and/or operation of the Antenna Facilities or Tenant's business;
<br />(c) upon thirty (30) days' written notice by Tenant if the Property, the Building or the Antenna Facilities are, or
<br />become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system
<br />to which the Antenna Facilities belong;
<br />(d) immediately upon written notice by Tenant if the Antenna Facilities are destroyed or damaged so as in 'Tenant's
<br />reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities.
<br />(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the
<br />Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each
<br />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
<br />the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation;
<br />Upon termination of this Lease under this Section, or otherwise upon the expiration of this Lease at the conclusion of
<br />its term, the Tenant shall immediately cause the removal of the Antenna Facilities and the disconnection of all utilities in
<br />accordance with all federal, state and local law and regulations. Landlord may eject, remove and store, at Tenant's sole cost, any
<br />of Tenant's fixtures that Tenant fails to remove within ninety (90) days following termination of this Lease.
<br />(o Upon termination and in the event that the tower, compound and Antenna Facilities are to be removed by the
<br />Tenant, Tenant shall provide notification to Landlord as soon as practical but not less than sixty (60) days prior to scheduled
<br />removal. The Landlord shall, within thirty (30) days, (or such later time as agreed to by the parties), provide Tenant with a
<br />written proposal to purchase the tower from Tenant at the then fair market value, as determined by a third party.
<br />9. Default and Rieht to Cure.. Notwithstanding anything contained herein to the contrary and without waiving any
<br />other rights granted to it at law or in equity, either party shall have the right, but not the obligation, to terminate this I,ease on
<br />written notice pursuant to Sectio? 12 hereof, to take effect immediately, if the other party (i) fails to perform any covenant for a
<br />period of thirty (30) days after receipt of written notice thereof to cure or (ii) commits a material breach of this Lease and fails to
<br />diligently pursue such cure to its completion after sixty (60) days' written notice to the defaulting party.
<br />10. Taxes. Landlord and Tenant acknowledge that Landlord is exempt from paying any and all real property taxes on
<br />the Property. However if Landlord faiis to retain its tax exempt status on the Property, Landlord shall pay when due all real
<br />property taxes for the Property, including the Premises. In the event that Landlord fails to pay any such real property taxes or
<br />other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from
<br />Rent amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax
<br />or any other tax or fee which are directiy attributable to the presence or installation of Tenant's Antenna Facilities, only for so
<br />long as this Lease has not expired of its own terms or is not terminated by either party. Landlord hereby grants to Tenant the
<br />right to challenge, whether in a Court, Administrative Proceeding, or other venue, on behalf of Landlord and/or Tenant, any
<br />personal property or real property tax assessments that may affect Tenant. If Landlord receives notice of any personal property or
<br />real property tax assessment against the Landlord, which may affect Tenant and is directly attributable to Tenant's installation,
<br />Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such
<br />assessment. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall
<br />execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property taxes
<br />are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation, to
<br />terminate this Lease without further liability after thirty (30) days' written notice to Landlord, provided Tenant pays any real
<br />property taxes assessed as provided herein.
<br />11. Insurance and Subrogation and Indemnification
<br />(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of Two Million and no/100
<br />dollars ($2,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of
<br />liability insurance Tenant may maintain. Landlord shall be named as an additional insured on Tenant's Commercial General
<br />Liability Insurance policy. Tenant shall, at its sole expense, procure and maintain on the Premises and the Antenna Facilities,
<br />bodily injury and property damage insurance with a combined single limit of Two Million and no/100 dollars ($2,000,000.00)
<br />Site Number. CL41-3766 3 Version 10-2-01
<br />Site Name: North Olmsted Fire Station No. 2
<br />Market: Cleveland
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