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2013_0325_packet
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2013_0325_packet
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destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will <br />include the other Party as an additional insured. <br />c.In addition, LESSOR shallobtain and keep in force during the Term a <br />policy or policies insuring against loss or damage to the Tower at full replacement cost, as the <br />same shall exist from time to time without a coinsurance feature. LESSOR’s policy or policies <br />shall insure againstall risks of direct physical loss or damage (except the perils of flood and <br />earthquake unless required by a lender or included in the base premium), including coverage for <br />any additional costs resulting from debris removal and reasonable amounts of coverage for the <br />enforcement of any ordinance or law regulating the reconstruction or replacement of any <br />undamaged sections of the Tower required to be demolished or removed by reason of the <br />enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but <br />not including plate glass insurance. <br />d.Nothing in this Agreement shall be deemed awaiver in any respect by <br />LESSORof any liability limitation contained in Chapter 466 of Minnesota Statutes. <br />11.LIMITATION OF LIABILITY. Except for indemnification pursuant to <br />paragraphs 9 and 31, neither Party shall be liable to the other, or any of their respective agents, <br />representatives, employees for any lost revenue, lost profits, loss of technology, rights or <br />services, incidental, punitive,indirect, special or consequential damages, loss of data, or <br />interruption or loss of use of service, even if advised of the possibility of such damages, whether <br />under theory of contract, tort (including negligence), strict liability or otherwise. <br />12.ANNUAL TERMINATION. Notwithstanding anything to the contrary contained <br />herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, <br />LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the <br />Commencement Date provided that three (3) months prior notice is given to LESSOR. <br />13.ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the <br />Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR <br />shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to <br />this site and Tower location. It is agreed, however, that only authorized engineers, employees or <br />properly authorized contractors of LESSEE or persons under their direct supervision will be <br />permitted to enter said premises. <br />14.TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good <br />repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also <br />comply with all rules and regulations enforced by the Federal Communications Commission with <br />regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs <br />including maintenance the LESSEE may make the repairs and the costs thereof shall be payable <br />to the LESSEE by the LESSOR on demand together with interest thereon from the date of <br />payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by <br />applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days <br />after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the <br />succeeding monthly rental amounts normally due from the LESSEE to the LESSOR. <br />MINCRosey <br />6 <br />Tower Lease Agreement <br />2201205v4 <br /> <br />
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