02-13-08 Council Agenda - Laserfiche WebLink

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from and against any and all liability, loss, cost, damage and expense, including reasonable attorneys' fees relating from or due to the release, threatened release, storage or discovery of any of the above named materials that are part of Tenant's equipment, personal property, Antenna Facilities, or any component parts or by- products thereof. c. Tenant, at its own cost, has the right to obtain a title commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title commitment shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Property, Tenant shall have the right to cancel this Lease immediately upon written notice to Landlord. d. Landlord represents that it has no knowledge of any Hazardous Substance on the Property. Landlord shall not knowingly introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the Property. 14. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries or to any party that merges or consolidates with Tenant or its parent, or any party that purchases or otherwise acquires all or substantially all of Tenant's ownership interest or assets. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity that provides financing for the purchase of the equipment to be installed at the Leased Premises. 15. Successors and Assigns. This Lease shall run with the Property described on Exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns. 16. Miscellaneous. a. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. b. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and execute by both parties. c. This Lease shall be construed in accordance with the laws of the State of Minnesota. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the Leased Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by Tenant. f. This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument.