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CC_Minutes_2013_0325
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Roseville City Council
Document Type
Council Minutes
Meeting Date
3/25/2013
Meeting Type
Regular
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conduits or any portion thereof and the frequencies over which the equipment operates, whether <br /> the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached <br /> hereto, during the Term, as long as LESSEE's frequency does not cause harmful interference <br /> which is measurable in accordance with then existing industry standards to any equipment of <br /> LESSOR or other lessees of the Property which existed on the Property prior to the date this <br /> Agreement is executed by the Parties. In the event any after-installed LESSEE's equipment <br /> causes such interference, and after LESSOR has notified LESSEE in writing of such <br /> interference, LESSEE will take all commercially reasonable steps necessary to correct and <br /> eliminate the interference, including but not limited to, at LESSEE's option, powering down <br /> such equipment and later powering up such equipment for intermittent testing. It is understood <br /> and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the <br /> execution date of this Agreement all of the certificates, permits and other approvals (collectively <br /> the "Governmental Approvals") that may be required by any Federal, State or Local authorities <br /> as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of <br /> the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain <br /> such approvals and shall take no action which would adversely affect the status of the Property <br /> with respect to the proposed use thereof by LESSEE. In the event that (i) any of such <br /> applications for such Governmental Approvals should be finally rejected; (ii) any Governmental <br /> Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated <br /> by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not <br /> be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural <br /> analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or <br /> structurally compatible for its use, or(vi) LESSEE, in its sole discretion, determines that the use <br /> of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this <br /> Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in <br /> writing by certified mail, return receipt requested, and shall be effective upon the mailing of such <br /> notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said <br /> termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be <br /> of no further force or effect except to the extent of the representations, warranties and <br /> indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no <br /> further obligations for the payment of rent to LESSOR. <br /> 9. INDEMNIFICATION. Subject to Paragraph 10 below, each Party shall <br /> indemnify and hold the other harmless against any claim of liability or loss from personal injury <br /> or property damage resulting from or arising out of the negligence or willful misconduct of the <br /> indemnifying Party, its employees, contractors or agents, except to the extent such claims or <br /> damages may be due to or caused by the negligence or willful misconduct of the other Party, or <br /> its employees, contractors or agents. Nothing in this Agreement shall be deemed a waiver in any <br /> respect by LESSOR of any liability limitation contained in Chapter 466 of Minnesota Statutes. <br /> 10. INSURANCE. <br /> a. The Parties hereby waive and release any and all rights of action for <br /> negligence against the other which may hereafter arise on account of damage to the Premises or <br /> to the Property, resulting from any fire, or other casualty of the kind covered by standard fire <br /> insurance policies with extended coverage, regardless of whether or not, or in what amounts, <br /> such insurance is now or hereafter carried by the Parties, or either of them. These waivers and <br /> MINC Rosey <br /> Tower Lease Agreement 5 <br /> 2201205v6 <br />
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