2003-05-16_REVISION - M1977347 (2)

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~...:=i9-99 TUE 4:39 PM `~'°ATT AND MAkTELL LLC FA:', N0. 9i0 484 lI i0 P. shall violate any other covenant, condition, or provision to be performed by the Tenant hereunder and shall fail to commence correction of such violation within fifteen (15) days after notice thereof in writing specifying the nature of such violation and continua to proceed diligently to complete correction oP such Violation within a reasonable period of time thereafter, or if the Tenant abandons the Leased Premises, or if the Tenant breaches any obligation under this Lease to be performed by the Tenant which cannot be cured, then and in any such event, the Tenant shall be deemed to be ilt default; and the Landlord may terminate this Lease and may reenter and take possession of the Leased Premises pursuant to the forcible entry .and detainer laws of Colorado then in affect and may retain the security deposit as liquidated damages. 17. ExAenses of Enforcement. In the event of default in performance oP any of the terms or obligations under this Lease, the party in default expressly agrees to pay all costa and expenses incurred in enforcing this Lease, including reasonable attorney's fees incurred or paid by the party not in default. 18. Eminent Domain. In the event of the taking of all or a portion of the Leased Premises for a public or quasi-public use, this Lease shall terminate at the option of the Tenant exercised within fifteen (15) days after the date of the actual physical taking iP such taking interferes with the Tenants use OP the Leased Premises for its intended purpose; and the parties shall thereupon be released Prom any and all further liability hereunder. Any award made in any condemnation proceeding for the taking of any part or all of the Leased Premises shall be the sole property of and be paid to the Landlord, except to the extent any such award is reasonably allocable to the Tenant's improvements. 19. Quiet Eniovment. The Landlord hereby covenants and warrants that, subject to any deeds of trust or mortgagee now of record or hereafter placed of record, the Landlord is the owner of the Leased Premises; and that the Tenant, on payment of rent as herein provided and performance of the provisions hereof to be performed by the Tarrant, shall and may peacefully possess and enjoy the Leased Premises during the term hereof without any interruption or disturbance. The Landlord agrees not to use or permit any tenant, subtenant, licensee, permittee, guest, or invitee to use any portion of the Property if such use would interfere with the radio signal from Tenant's Tower. 20. waiver o Breach. No waiver of any breach of any provision of this Lease shall be considered a waiver of preceding or succeeding breach of such provision or any other provision hereof. 7