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2008-025 Resolution
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2008-025 Resolution
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1/9/2014 4:05:26 PM
Creation date
12/30/2013 8:47:24 AM
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North Olmsted Legislation
Legislation Number
2008-025
Legislation Date
2/5/2008
Year
2008
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?oi <br />any one claiming through or under Sublesee by way of subrogation or otherwise for damage to <br />any person or to the Leased Premises and/or the Tower, personal property, improvements and <br />alterations in or on the Building that are caused by or result from risks insured against under any <br />insurance policy carried by Sublessee and required by this Sublease; provided that such release <br />shall be effective only if and to the extent that the same do not diminish or adversely affect the <br />coverage under such insurance policy. Within ninety (90) days after the Commencement Date, <br />Sublessee shall provide to Sublessor sufficient documentation showing that the Tower can <br />handle the load placed upon it by Sublessee's equipment. Failure to provide such documentation <br />shall constitute a default under this Sublease. <br />17. ASSIGNMENT. Sublessee may not assign this Sublease nor sublet the <br />Leased Premises without the express written of Sublessor. Such consent shall not be <br />unreasonably withheld. <br />18. DEFAULT. The following events shall constitute defaults on the part of <br />the Sublessee hereunder: The failure of Sublessee to pay any part of the rental within fifteen (15) <br />days after the date on which such rental shall be due; and breach or failure of Sublessee to <br />observe or perform any of its other obligations hereunder and the continuance of such default for <br />a period of fifteen (15) days after notice in writing to Sublessee of the existence of such default. <br />Upon the occurrence of any such default, Sublessor may at its option and without notice or <br />demand on Sublessee, declare this Sublease in default and thereupon all rights of the Sublessee <br />herein shall be surrendered. In any such events, Sublessor may remove the equipment of <br />Sublessee from the Leased Premises in accordance with Paragraph 8 herein. <br />19. RELOCATION OF EQUIPMENT. The Sublessee shall have use of the <br />Leased Premises for the deployment of its police, fire and service radio communication antennae <br />and related equipment, and as public necessity may require, relocate such facilities within the <br />Leased Premises in accordance with the terms herein, including but not limited to the Sublessor's <br />reasonable approval and access and noninterference and insurance requirements, pursuant to <br />Paragraphs 5, 11, 15, and 16. <br />20. MARKING and LIGHTING REQUIREMENTS. Sublessor acknowledges <br />that it and not Sublessee shall be responsible for compliance with all tower or building marking <br />requirements, which may be required by the Federal Aviation Administration or the Federal <br />Communications Commission. Sublessor shall indemnify and hold harmless Sublessee from any <br />fines or other liabilities caused by Sublessor's failure to comply with such requirements. Further, <br />should Sublessee be cited by either the FCC or the FAA because this site is not in compliance, <br />and if Sublessor does not cure the conditions of non-compliance within the time frame allowed <br />by the citing agency, Sublessee may terminate this Sublease immediately upon notice to <br />Sublessor. <br />21. ELECTRICAL POWER. Sublessor shall provide adequate 117V AC <br />current to operate Sublessee's equipment. Sublessee shall install such electrical circuitry required <br />to supply its equipment. The cost of power consumed shall be determined by Sublessor or the <br />Owner reading the meter (already installed) and billing to Sublessee on a monthly or quarterly <br />basis. The cost of electrical current used, shall be passed through to Sublessee at the same rate <br />4 <br />. ?.?.?• _ ?«
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