|
SITE NAME: RoseviLLe — County Rd C& Lexington Ave N
<br />SITE NUMBER: MN-MSP0252
<br />all or at least 50% of the assets of Tenant. Any approved sublease that is entered into by Tenant shall be subject to
<br />all of the provisions of his Lease.
<br />13.2 The parties acknowledge that this is a nonexclusive Lease. Nothing in this Lease shall
<br />preclude Landlord from leasing other space for communications equipment to any person or entity which may be in
<br />competition with Tenant, or any other party, subject to the conditions set forth in paragraph 61 of this Lease.
<br />13.3 This Lease shall run with the Property. This Lease shall be binding upon and inure to the
<br />benefit of the parties, their respective successors, personal representatives and assigns.
<br />14. Title and Quiet Enjo�.
<br />141 Landlord represents and warrants that (i) it has full right, power, and authority to execute
<br />this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that
<br />Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) Landlord has obtained all
<br />necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement
<br />and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and
<br />consents as may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the
<br />Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of
<br />the Effective Date.
<br />142 Tenant has the right to obtain, at Tenant's sole expense, a title report or commitment for a
<br />leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report
<br />shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises,
<br />Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord.
<br />15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
<br />warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
<br />warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
<br />behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable
<br />environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
<br />third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
<br />Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant
<br />shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including,
<br />without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any
<br />breach of any representation or warranty made in this Paragraph 15 by such party; and/ar (ii) environmental
<br />conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations
<br />in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from
<br />the ownership or control of, or operations in or about, the Property by Landlord ar Landlord's predecessors in
<br />interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this
<br />Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. For
<br />purposes of this Agreement, "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous
<br />wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any
<br />applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum
<br />products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated
<br />biphenyls and any other substance or material which constitutes a threat to health, safety, property or the
<br />environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or
<br />regulated by any applicable environmental law or regulation.
<br />16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory
<br />or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property far the
<br />purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
<br />Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether
<br />before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without
<br />Landlord's consent.
<br />CLeazwire Execution Copy 1-06-2010 - S- v. 5-22-06
<br />
|