|
SITE NAME: RoseviLLe — County Rd C& Lexington Ave N
<br />SITE NUMBER: MN-MSP0252
<br />commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
<br />provided that the grace period for any monetary default is ten (10) days from receipt of written notice.
<br />10.2 This Agreement may be terminated by Tenant without further liability for any reason or for
<br />no reason, provided Tenant delivers written notice of termination to Landlord prior to the Term Commencement
<br />Date.
<br />10.3 This Agreement may be terminated by Tenant without further liability on thirty (30) days
<br />prior written notice under the following circumstances: (i) if Tenant is unable to reasonably obtain or maintain any
<br />certificate, license, permit, authority or approval from any governmental authority, thus, restricting Tenant from
<br />installing, removing, replacing, maintaining or operating the Tenant Facilities or using the Premises in the manner
<br />intended by Tenant; (ii) if Tenant determines that the Premises are not appropriate for its operations for economic,
<br />environmental or technological reasons, including without limitation, signal strength, coverage or interference, or
<br />(iii) or Tenant otherwise determines, within its sole discretion, that it will be unable to use the Premises for Tenant's
<br />intended purpose.
<br />ll. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed,
<br />condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of
<br />the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more
<br />than forty-five (45) days following the date of such damage, destruction, condemnation ar transfer in lieu of
<br />condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
<br />the actual reduction or abatement of use of the Premises.
<br />12. Insurance; Subrogation; and Indemnity.
<br />121 Tenant, at Tenant's sole cost and expense, shall procure and maintain Commercial
<br />General Liability Insurance in an aggregate amount of One Million Five Hundred Thousand and No/100 Dollars
<br />($1,500,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master
<br />policy of liability insurance Tenant may maintain. Within thirty (30) days following the Effective date of this Lease,
<br />and by January 15 annually thereafter while this Lease is in effect, Tenant shall provide Landlord with a certificate
<br />of insurance ("COI") evidencing the coverage required by this Paragraph.
<br />122 Landlord, at Landlord's sole cost and expense, shall procure and maintain Commercial
<br />General Liability insurance covering bodily injury and property damage with a combined single limit of at least One
<br />Million and 00/100 Dollars ($1,000„000.00) or not less than the limits of liability set forth in the Minnesota
<br />Municipal Tort Claims Act, Minn. Stat. Ch. 466, and any amendments thereto. Such insurance shall insure, on an
<br />occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connections with
<br />Landlord's use, occupancy and maintenance of the Property. Within thirty (30) days following the Effective Date of
<br />this Lease, and by January 15 annually thereafter while this Lease is in effect, Landlord shall provide Tenant with a
<br />COI evidencing the coverage required by this Paragraph.
<br />12.3 Landlord and Tenant hereby mutually release each other (and their successors or assigns)
<br />from liability and waive all right of recovery against the other for any loss or damage covered by their respective
<br />first-party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither
<br />party's insurance company shall have a subrogated claim against the other.
<br />12.4 Landlord and Tenant shall each indemnify, defend and hold the other harmless from and
<br />against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants'
<br />fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or
<br />condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents,
<br />employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as of the
<br />Effective Date of this Agreement and survive the termination of this Agreement.
<br />13. Assignment.
<br />131 Tenant may not assign or sublet this Lease without the prior written consent of Landlord,
<br />which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the provisions of this
<br />paragraph, Tenant shall have the right without Landlord's consent to assign this Lease to any parent, subsidiary, or
<br />affiliate of Tenant or any entity into which Tenant or its parent may be merged or consolidated or which purchases
<br />CLeazwire Execution Copy 1-06-2010 - 4- v. 5-22-06
<br />
|