|
receipt of written notice of Owner's exercise of this option, Tenant shall cause a bill of sale for
<br />the tower to be given to Owner and Tenant's obligations for tower removal as aforesaid sha11 be
<br />terminated. However, in the event that this Lease shall terminate prior to twenty (20) years from
<br />the commencement of this Lease and Owner requests that title be transferred to it, Owner shall
<br />pay to Qwest the unamortized (based on a straight-line amortization over twenty (20) years)
<br />costs incurred by Tenant in constructing the tower simultaneously with its receipt of the bill of
<br />sale for the tower.
<br />1S. Insurance.
<br />(a) Lessee and Owner shall carry adequate insurance to protect the parties
<br />against any and a11 claims, demands, actions, judgments, expenses, and liabilities which may
<br />arise out of or result directly or indirectly from Lessee's use of the Leased Premises and Owner's
<br />use of the Properiy. Any applicable policy shall list the Owner as an additional insured and sha11
<br />provide that it will be the primary coverage. The insurance coverage must include, at least,
<br />Comprehensive General Liability Insurance Coverage, including premises/operation coverage,
<br />bodily injury, property damage, independent contractors liability, completed operations
<br />coverage, and contractual liability coverage, in a combined single limit of not less than One
<br />Million Dollars ($1 ,000,000) per occurrence, subject to One Million Dollars ($1 ,000,000)
<br />aggregate. Lessee may satisfy this requirement by underlying insurance plus an umbrella policy.
<br />The Owner's insurance coverage must include, at least, Comprehensive General Liability
<br />Insurance coverage, including premises/operation coverage, bodily injury, properiy damage,
<br />independent contractors liability, completed operations coverage, and contractual liability
<br />coverage, in a combined single limit of not less than One Million Dollars ($1 ,000,000) per
<br />occurrence, subject to One Million Dollars ($1,000,000) aggregate.
<br />(b) Lessee sha11 provide Owner, prior to the Commencement Date and before
<br />each renewal of the Lease term, evidence of the required insurance in the form of a certificate of
<br />insurance issued by an insurance company licensed to do business in the State of Minnesota,
<br />which includes all coverage required in Paragraph above. Said certificate shall also provide that
<br />the coverage may not be canceled, non-renewed, or materially changed without thiriy (30) days'
<br />written notice to Owner.
<br />16. Dama�e or Destruction. If the Property or any portion thereof is destroyed or
<br />damaged so as to hinder its effective use of its Facilities, Lessee may elect to terminate this
<br />Lease upon thiriy (30) days' written notice to Owner. In such event, all rights and obligations of
<br />the parties sha11 cease as of the date of the damage or destruction and Lessee sha11 be entitled to
<br />the reimbursement of any rent prepaid by the Lessee.
<br />17. Indemnification. Lessee and Owner agree to indemnify, defend, and hold
<br />harmless each other and its elected officials, officers, employees, agents, and representatives,
<br />from and against any and all claims, costs, losses, expenses, demands, actions, or causes of
<br />action, including reasonable attorneys' fees and other costs and expenses of litigation, which
<br />may be asserted against or incurred by the City or for which the City may be liable, which arise
<br />from the negligence, willful misconduct, or other fault of either pariy or its employees, agents, or
<br />subcontractors in the performance of this Lease or from the installation, operation, use,
<br />83831 6
<br />
|