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2013_0325_packet
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2013_0325_packet
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3/25/2013 4:00:22 PM
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more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period <br />and thereafter continuously and diligently pursues the cure to completion. LESSEE may not <br />maintain any action or effect any remedies for default against LESSOR unless and until <br />LESSOR has failed to cure the breach within the time periods provided in this Paragraph. <br />Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if <br />LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an <br />obligation required to be performed by LESSOR if the failure to perform such an obligation <br />interferes with LESSEE’s ability to conduct its business on the Property; provided, however, that <br />if the nature of LESSOR’s obligation is such that more than five (5) days after such notice is <br />reasonably required for its performance, then it shall not be a default under this Agreement if <br />performance is commenced within such five (5) day period and thereafter diligently pursued to <br />completion. <br />30.REMEDIES. In the event of a default by either Party with respect to a material <br />provision of this Agreement, without limiting the non-defaulting Party in the exercise of any <br />right or remedy which the non-defaulting Party may have by reason of such default, the non- <br />defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter <br />available to the non-defaulting Party under the Laws or judicial decisions of the state in which <br />the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its <br />damages in connection with a default by LESSEE. <br />31.ENVIRONMENTAL. <br />a.LESSOR will be responsible for all obligations of compliancewith any <br />and all environmental and industrial hygiene laws, including any regulations, guidelines, <br />standards, or policies of any governmental authorities regulating or imposing standards of <br />liability or standards of conduct with regard to any environmental or industrial hygiene <br />conditions or concerns as may now or at any time hereafter be in effect, that are or were in any <br />way related to activity now conducted in, on, or in any way related to the Tower or Property, <br />unless such conditions or concerns are caused by the specific activities of LESSEE in the <br />Premises. <br />b.LESSOR shall hold LESSEE harmless and indemnify LESSEE from and <br />assume all duties, responsibility and liability at LESSOR’s sole cost and expense, for all duties, <br />responsibilities, and liability(for payment of penalties, sanctions, forfeitures, losses, costs, or <br />damages) and for responding to any action, notice, claim, order, summons, citation, directive, <br />litigation, investigation or proceeding which is in any way related to: a) failure to comply with <br />any environmental or industrial hygiene law, including without limitation any regulations, <br />guidelines, standards, or policies of any governmental authorities regulating or imposing <br />standards of liability or standards of conduct with regard to any environmental or industrial <br />hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non- <br />compliance results from conditions caused by LESSEE; and b) any environmental or industrial <br />hygiene conditions arising out of or in any way related to the condition of the Tower or Property <br />or activities conducted thereon, unless such environmental conditions are caused by LESSEE. <br />32.CASUALTY. In the event of damage by fire or other casualty to the Tower or <br />Premises that cannot reasonably be expected to be repaired within forty-five (45) days following <br />MINCRosey <br />12 <br />Tower Lease Agreement <br />2201205v4 <br /> <br />
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