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2005_0425_Packet
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2005_0425_Packet
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9/14/2009 10:01:42 AM
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Roseville City Council
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Council Agenda/Packets
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17. Notices. All notices, requests, demands, and other communications�ereunder shall be in <br />writing and shall be deemed given if personally delivered or mailed, certified mail, returr� receipt <br />requested, or by a nationally recognized overnight courier service to the following addresses: <br />If to the Owner, to: City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br />Attn: Finance Department <br />If to Lessee, to: VoiceStream Minneapolis, Inc. <br />8550 W. Bryr� Mawr Avenue, Suite 100 <br />Chicago, II, 60631 <br />Attn: Lease Administration <br />With a copy to: Legal Department <br />With a copy to: <br />T-Mobile USA <br />12920 SE 38th Street <br />Bellevue, WA 98006 <br />Attn.: PCS Lease Administration <br />With a copy to: Legal Department <br />18. Representations and Warranties. <br />a) Owner represents that 1) it has full right, power, and authority to execute this Lease; 2) it <br />has good and unencumbered title to the Property free and clear of any liens or mortgages; <br />3) Owner warrants that Lessee shall have quiet enjoyment of the Property during the term <br />of this Lease in accordance with its terms. <br />b) Owner represents that Owner has no knowledge of any substance, chemical or waste on <br />the Owner's Property that is identified as hazardous, toxic, or dangerous in any applicable <br />federal, state, or local law or regulation. <br />c) Lessee represents and warrants that its use of the Premises, herein, will not generate and it <br />will not store or dispose on the Property nor transport to or over the Property any <br />hazardous substance and further agrees to hold Owner harmless from and indemnify <br />Owner against any release caused by Lessee of any such hazardous substance and any <br />damage, loss, or expense or liability resulting from the breach of this representation or <br />from Lessee's violation of any state or federal law by such release including all reasonable <br />attorneys' fees, costs and penalties incurred as a result thereof except any release caused <br />by the negligence of Owner, its employees, contractors or agents, other than such materials <br />used in the ordinary course of Lessee's business in accordance with all applicable Laws <br />and Regulations. "Hazardous substance" shall be interpreted broadly to mean any <br />substance or material defined or designated as hazardous or toxic waste, hazardous or <br />toxic materials, hazardous or toxic or radioactive substance, or other similar term by any <br />
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