|
16. Insurance.
<br />a) Lessee and Owner shall carry liability insurance to protect the parties against any and all
<br />claims,, demands,, actions, judgments, expenses, and liabilities which may arise out of or
<br />result directly or indirectly from Lessee's use of the Property. Lessee's policy shall list
<br />the Owner as an additional insured and shall provide that it will be the primary coverage
<br />for negligence of the Lessee. The insurance coverage must include, at least,
<br />Comprehensive General Liability Insurance Coverage, including premises /operation
<br />coverage, bodily injury, property damage, and independent contractors liability in a
<br />combined single limit of not less than One Million Dollars ($1,000,000) per occurrence,
<br />subject to One Million Dollars ($1,000,( 00) aggregate. Lessee may satisfy this
<br />requirement by underlying insurance plus an umbrella policy. The Owner's insurance
<br />coverage must include, at least, Comprehensive General Liability Insurance coverage,
<br />including premises/operation coverage, bodily injury, property damage, independent
<br />contractor's liability, completed operations coverage, and contractual liability coverage, in
<br />a combined single limit of not less than Six Hundred Thousand Dollars ($600,000) per
<br />occurrence,, subject to Six Hundred Thousand Dollars ($600,( 00) aggregate.
<br />b) Lessee shall provide Owner, prior to the Commencement Date and with each renewal of
<br />the Lease term,, evidence of the required insurance in the form of a certificate of insurance
<br />issued by an insurance company licensed to do business in the State of Minnesota, which
<br />includes all coverage required in Paragraph above. Said certificate shall also provide that
<br />the coverage may not be canceled with at least thirty (3 0) days' written notice to
<br />Owner.
<br />17. Damage or Destruction. If the Property or any portion thereof is destroyed or damaged
<br />so as to hinder its effective use of its Facilities,, Lessee may elect to terminate this Lease upon
<br />thirty (30) days' written notice to Owner. In such event, all rights and obligations of the parties
<br />shall cease as of the date of the damage or destruction and Lessee shall be entitled to the
<br />reimbursement of any rent prepaid by the Lessee.
<br />18. Indemnification. Lessee and Owner mutually agree to the extent permitted by law, to
<br />indemnify, defend, and hold harmless each other and its elected officials, officers, employees,
<br />agents, and representatives, from and against any and all claims, costs, losses, expenses,
<br />demands,, actions,, or causes of action,, including reasonable attorneys' fees and other costs and
<br />expenses of litigation, which may be asserted against or incurred by either party or for which
<br />either party may be liable, which arise from the negligence, willful misconduct, breach of this
<br />lease,, or other fault of the other party or its employees, agents, or subcontractors in the
<br />performance of this Lease or from the ownership and use of the Property, including but not
<br />limited to; the installation operation, use, maintenance, repair, removal, or presence of Lessee's
<br />transmission facilities on the Property, and specifically including the representations and
<br />warranties of Paragraph 18(b) of this Lease, provided same is not due to the negligence, willful
<br />conduct,, or breach of this Lease by the indemnified party or any of its elected officials, officers,
<br />employees, agents,, or representatives. Notwithstanding the foregoing provisions to the contrary,
<br />neither party shall have any liability for any damages coverable under a standard special form
<br />TTM Site: MSP-Z9Z 7
<br />
|