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19. Indemnification. Lessee agrees to defend, indemnify, and hold harmless Owner and its
<br />elected officials, officers, employees, agents, and representatives, from and against any
<br />and all claims, costs, losses, expenses, demands, actions, or causes of action, including
<br />reasonable attorneys' fees and other costs and expenses of litigation, which may be
<br />asserted against or incurred by Owner or for which Owner may be liable in the
<br />performance of this Lease except to the extent it arises from the negligence, willful
<br />misconduct, or other fault of Owner. Lessee shall aefend all claims arising out of the
<br />installation, operation, use, maintf �.ance, repair, removal, or presence of Lessee's
<br />Antenna Facilities, equipment and related facilities on the Premises.
<br />20. Default. Except as expressly limited hereby, Owner and Lessee shall have such remedies
<br />for the default of the other party hereto as may be provided at law or equity following
<br />written notice of such default and failure to cure the same within thirty (30) days.
<br />21. Limitation of Owner's Liabilitv. If Owner terminates this Lease other than as of right as
<br />provided in this Lease, or Owner causes interruption of the business of Lessee or for any
<br />other Owner breach of this Lease, Owner's liability for damages to Lessee shall be
<br />limited to the actual and direct costs of equipment repair and shall specifically exclude
<br />any recovery for value of the business of Lessee as a going concern, future expectation of
<br />profits, loss of business or profit or related damages to Lessee.
<br />22. Condemnation. In the event the whole of the Premises is taken by eminent domain, this
<br />Lease shall terminate as of the date title to the Premises vests in the condemning
<br />authority. In event a portion of the Premises is taken by eminent domain, either party
<br />shall have the right to terminate this Lease as of the date of title transfer, by giving thirty
<br />(30) days' written notice to the other party. In the event of any taking under the power of
<br />eminent domain, Lessee shall not be entitled to any portion of the reward paid for the
<br />taking and the Owner shall receive full amount of such award. Lessee hereby expressly
<br />waives any right or claim to any portion thereof. Although all damages, whether awarded
<br />as compensation for diminution in value of the leasehold or to the fee of the Premises,
<br />shall belong to Owner, Lessee shall have the right to claim and recover from the
<br />condemning authority, but not from Owner, such compensation as may be separately
<br />awarded or recoverable by Lessee on account of any and all damage to Lessee's business
<br />and any costs or expenses incurred by Lessee in moving/removing its equipment, personal
<br />property, Antenna Facili.ties, and leasehold improvements.
<br />23. Notices. All notices, requests, demands, and other communications hereunder shall be in
<br />writing and shall be deemed given if personally delivered or mailed, certified mail, return
<br />receipt requested, to the following addresses:
<br />If to the Owner, to: City of Rose�.11e
<br />2660 Civic Center Drive
<br />?�oseville, MN 55 113
<br />Attn: Finance Department
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