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One Million Dollars ($1 ,000,000) per occurrence, subject to One Million
<br />Dollars ($1,000,000) aggregate. Lessee may satisfy this requirement by
<br />underlying insurance plus an umbrella policy. The Owner's insurance
<br />coverage must include, at least, Comprehensive General Liability
<br />Insurance coverage, including premises/operation coverage, bodily
<br />injury, property damage, independent contractors liability, completed
<br />operations coverage, and contractual liability coverage, in a combined
<br />single limit of not less than Six Hundred Thousand Dollars ($600,000)
<br />per occurrence, subject to Six Hundred Thousand Dollars ($600,000)
<br />aggregate.
<br />b) Lessee shall provide Owner, prior to the Commencement Date and
<br />before each renewal of the Lease term, evidence of the required
<br />insurance in the form of a certificate of insurance issued by an insurance
<br />company licensed to do business in the State of Minnesota, which
<br />includes a11 coverage required in Paragraph above. Said certificate sha11
<br />also provide that the coverage may not be canceled, non-renewed, or
<br />materially changed without thiriy (30) days' written notice to Owner.
<br />15. Damage or Destruction. If the Properiy or any portion thereof in destroyed or
<br />damaged so as to hinder its effective use of its Facilities, Lessee may elect to
<br />terminate this Lease upon thiriy (30) days' written notice to Owner. In such
<br />event, all rights and obligations of the parties shall cease as of the date of the
<br />damage or destruction and Lessee sha11 be entitled to the reimbursement of any
<br />rent prepaid by the Lessee.
<br />16. Indemnification. Lessee and Owner agree to indemnify, defend, and hold
<br />harmless each other and its elected officials, officers, employees, agents, and
<br />representatives, from and against any and all claims, costs, losses, expenses,
<br />demands, actions, or causes of action, including reasonable attorneys' fees and
<br />other costs and expenses of litigation, which may be asserted against or incurred
<br />by the City or for which the City may be liable, which arise from the
<br />negligence, willful misconduct, or other fault of either party or its employees,
<br />agents, or subcontractors in the performance of this Lease or from the
<br />installation, operation, use, maintenance, repair, removal, or presence of
<br />Lessee's transmission facilities on the Properiy, and specifically including the
<br />representations and warranties of Paragraph 18(b) of this Lease, provided same
<br />is not due to the willful conduct of Owner. Notwithstanding the foregoing
<br />provisions to the contrary, neither party sha11 have any liability for any damages
<br />coverable under a standard special form property insurance policy with respect
<br />to any equipment, real or personal or other improvements owned by the
<br />respective parties.
<br />83831
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