CCP 04-24-2000 - Laserfiche WebLink

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, '. e . . Owner unless such termination is due to Owner's failure of proper ownership or authority, or such termination is a result of Owner's default. 12. Default. If either party is in default under this Agreement for a period of (a) 30 days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not be reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period and proceeds with due diligence to fully cure the default. 13. Indemnity. Owner and APT each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site by the indemnifYing party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. Owner does not waive its tort liability limits under Minnesota state statutes. The indemnity obligations under this Paragraph will survive termination of this Agreement. 14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. APT will not introduce or use any such substance on the Site in violation of any applicable law, 15. Subordination and Non-Disturbance. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. However, promptly after the Agreement is fully executed, Owner will use diligent efforts to obtain a non-disturbance agreement reasonably acceptable to APT from the holder of any such mortgage or deed of trust. 16. Taxes, APT will be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the communications facility on the Site. APT will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by APT within 60 days after receipt of satisfactory documentation indicating calculation of APT's share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part. 17, Insurance. APT will procure and maintain commercial general liability insurance, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to Owner within 30 days of written request. Such policy will provide that cancellation will not occur without at least 30 days prior written notice to Owner. Each party hereby waives its right of recovery against the other for any loss or damage covered by any insurance policies maintained by the Site Number: Site Name: Markel: AIN511 Arden Hills WT Minneapolis [3]