|
<br />completed operations coverage, and contractual liability coverage, in a
<br />combined single limit of not less than One Million Dollars ($1,000,000)
<br />per occurrence, subject to One Million Dollars ($1,000,000) aggregate.
<br />Lessee may satisfy this requirement by underlying insurance plus an
<br />umbrella policy.
<br />
<br />b) Lessee shall provide Owner, prior to the Commencement Date and before
<br />each renewal of the Lease term, evidence of the required insurance in the
<br />form of a certificate of insurance issued by an insurance company licensed
<br />to do business in the State of Minnesota, which includes all coverage
<br />required in Paragraph above. Said certificate shall also provide that the
<br />coverage may not be canceled, non-renewed, or materially changed
<br />without thirty (10) days' written notice to Owner.
<br />
<br />IS. Damage or Destruction If the Property or any portion thereof is destroyed or
<br />damaged so as to hinder its effective use of its Facilitates, Lessee may elect to terminate this
<br />Lease upon thirty (30) days' written notice to Owner. In such event, all rights and obligations
<br />of the parties shall cease as of the; date of the damage or destruction and Lessee shall be entitled
<br />to the reimbursement of any rent prepaid by the Lessee.
<br />
<br />16. Indemnification Lessee and Owner agree to indemnify, defend, and hold harmless
<br />each other and its elected officials, officers, employees, agents, and representatives, from and
<br />against any and all claims, costs, losses, expenses, demands, actions, or causes of action,
<br />including reasonable attorneys' fees and other costs and expenses of litigation, which may be
<br />asserted against or incurred by the indemnified party or for which the indemnifying may become
<br />liable, on account of the indemnifying party's use of the Property and which arise from the
<br />negligence, willful misconduct, or other fault of the indemnifying party or its employees, agents,
<br />or subcontractors in the performance of this Lease or from the installation, operation, use,
<br />maintenance, repair, removal, or presence of Lessee's transmission facilities on the Property,
<br />and specifically including the representations and warranties of Paragraph 18(b) of this Lease,
<br />provided same is not due to the willful conduct of Owner. Notwithstanding the foregoing
<br />provisions to the contrary, neither party shall have any liability for any damages coverable under
<br />standard special form property insurance policy with respect to any equipment, real or personal
<br />or other improvements owned by the respective parties.
<br />
<br />If the indemnifying party fails or neglects to defend such actions, the indemnified party
<br />may defend the same and any expenses (including reasonable attorneys' fees) which it may pay
<br />or incur in defending said actions, as well as the amount of any judgment or settlement. which
<br />it may be required to pay, shall promptly be reim~ursed by indemnifying party.
<br />
<br />17. Notices All notices, requests, demands, and other communications hereunder
<br />shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
<br />return receipt requested, to the following addresses:
<br />
<br />7
<br />
|