AMENDMENTS WITH ATT AND T MOBILE

Browse Search

DocuSign Envelope ID: 39558779-7182-47B7-A37B-D472BB57F1 FD return the Premises to the same condition immediately prior to full execution of the Amendment, reasonable wear and tear excluded. 3. Governmental Approvals. Any required permits for the Improvements shall be obtained by Tenant at Tenant's sole expense. Furthermore, it is understood and agreed that Tenant's ability to install the Improvements is contingent upon its obtaining, after the execution date of this Amendment, all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities which will permit Tenant to install and operate the Improvements as set forth in this Amendment. Tenant shall be responsible for the cost of complying with the Governmental Approvals during the term of the Agreement. Landlord shall cooperate with Tenant in its effort to obtain such approvals and shall take no action that would adversely affect the status of the Property with respect to the installation of the Improvements. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant in its sole discretion will be unable to install, operate, or maintain the Improvements or Tenant determines that the improvements are obsolete or unnecessary, Tenant shall have the right to terminate this Amendment; however, the Agreement shall remain in full force and effect. Notice of Tenant's exercise of its right to terminate this Amendment shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Tenant. All fees in connection with the Improvements paid to said termination date shall be retained by Landlord. Upon such termination, this Amendment shall be of no further force or effect, and the parties shall have no further obligations under this Amendment, including the payment of money, to each other. 4. Rent. As consideration for the Improvements, the monthly rental rate due under the Agreement shall be increased by Three Hundred Dollars ($300.00) per month, payable in advance (the "New Rental Rate"). The New Rental Rate shall commence on the 1st day of the month following the date Tenant commences construction of the Improvements (the "Rent Increase Commencement Date"). Landlord and Tenant agree that they shall acknowledge in writing the Rent Increase Commencement Date. Landlord and Tenant acknowledge and agree that initial New Rental Rate payment shall not actually be sent by Tenant until thirty (30) days after the Rent Increase Commencement Date. As such, the first rent payment will be the initial month's payment of the New Rental Rated and the payment of the New Rental Rate for the following month payable in advance as prescribed above. The New Rental Rate shall be subject to any escalations as set forth in the Agreement. 5. Environmental. The parties agree and acknowledge that the environmental obligations contained in Section 11 of the Agreement shall apply to the Generator Space and Premises. Notwithstanding anything to the contrary in the foregoing, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord's agents, employees or assigns, Tenant shall hold harmless and indemnify Landlord for any claims directly resulting from any spill or fuel leak resulting from the installation or operation of the Improvements. 6. Taxes. (a) Pursuant to California Revenue and Tax Code Section 107.6(a), the property interest created by the Improvements may be subject to property taxation or a possessory interest tax, and the Tenant may be subject to the payment of all such taxes levied on the Improvements.