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<br />that it will be the primary coverage. The insurance coverage must include, at least,
<br />Comprehensive General Liability Insurance Coverage, including premises/operation coverage,
<br />bodily injury, property damage, independent contractors liability, completed operations
<br />coverage, and contractual liability coverage, in a combined single limit of not less than One
<br />Million Dollars ($1,000,000) per occurrence, subject to One Million Dollars ($1,000,000)
<br />aggregate. Lessee may satisfy this requirement by underlying insurance plus an umbrella policy.
<br />The Owner's insurance coverage must include, at least, Comprehensive General Liability
<br />Insurance coverage, including premises/operation coverage, bodily injury, property damage,
<br />independent contractors liability, completed operations coverage, and contractual liability
<br />coverage, in a combined single limit of not less than Six Hundred Thousand Dollars ($600,000)
<br />per occurrence, subject to Six Hundred Thousand Dollars ($600,000) aggregate.
<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 form of a certificate of
<br />insurance issued by an insurance company licensed to do business in the State of Minnesota,
<br />which includes all coverage required in Paragraph above. Said certificate shall also provide that
<br />the coverage may not be canceled, non-renewed, or materially changed without thirty (30) days'
<br />written notice to Owner.
<br />
<br />16. Damage or Destruction. If the Property or any portion thereof m-~destroyed or
<br />damaged so as to hinder its effective use of its Facilities, Lessee may elect to terminate this
<br />Lease upon thirty (30) days' written notice to Owner. In such event, all rights and obligations of
<br />the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to
<br />the reimbursement of any rent prepaid by the Lessee.
<br />
<br />17. Indemnification. Lessee and Owner agree to indemnify, defend, and hold
<br />harmless each other and its elected officials, officers, employees, agents, and representatives,
<br />from and against any and all claims, costs, losses, expenses, demands, actions, or causes of
<br />action, including reasonable attorneys' fees and other costs and expenses of litigation, which
<br />may be asserted against or incurred by the City or for which the City may be liable, which arise
<br />from the negligence, willful misconduct, or other fault of either party or its employees, agents, or
<br />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, and
<br />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 />a 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 either party fails or neglects to defend such actions, either party may defend the
<br />same and any expenses (including reasonable attorneys' fees) which it may payor incur in
<br />defending said actions, as well as the amount of any judgment or settlement which it may be
<br />required to pay, shall promptly be reimbursed by either party.
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<br />83831
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