08-1957 Site Lease Communications Agreement - South Water Plant

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such termination date, with respect to the annual rent paid to Owner. Lessee shall be released Ii-om all subsequent annual rents. Lessee, upon termination of this Agreement, shall, within sixty (60) days therealter, remove its personal property and lixtures (Lessee Facilities) and restore the Premises to its original above-grade condition, reasonable wear and tear excepted. At Owner's option when this agreement is terminated and upon Owner's advance written notice to Lessee, Lessee will leave the foundation and security fence to become property of Owner. If such time for removal causes Lessee to remain on the Property alter termination of this Agreement, Lessee shedl pay rent at the then existing monthly rate or on the existing monthly pro- rata basis if based upon a longer payment term until such time as the removal of personal property and fixtures (Lessee Facilities) are completed. 6. Assignment A. Lessee may not assign, or otherwise transfer, all or any part of its interest in this Agreement or in the Premises without the prior written consent of Owner, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or atliliate of it or its parent company, or to any successor in-interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in paragraph 20. Owner may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Owner's obligations herein, including but not limited to, those set lorth in paragraph 20. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign mortgage, pledge, hypothecate or otherwise transler without consent its interest in this Agreement to any financing entity or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof; (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit bankers acceptances and similar facilities or in respect of guaranties thcreof. B. No consent by Owner to any assignment by Lessee shall relieve Lessee of any obligations to be performed by Lessee under this Agreement, whether arising before or after the assignment. The consent by Owner to any assignment or sublease shall not relieve Lessee from the obligation to obtain Owner's express written consent to any other assignment. C. Any sale or other transfer, including by consolidation, merger or reorganization, or a majority of the voting stock of Lessee if Lessee is a corporation, or any sale or other transfer of a majority in interest (whether of prolits, losses, capital or voting power) or a majority of the persons composing the managers of the partnership, if Lessee is a partnership, shall not be an assignment for purposes of this paragraph 6. 7. Utilities EXECUTION COpy