12-14-1988 Council Agenda - Laserfiche WebLink

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10. Destruction of Property, If the Property or the Antenna Facilities are destroyed or damaged so as, in Tenant's judgement to hinder the effective use of the Antenna Facilities, Tenant may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Landlord not more than 45 days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. 11. Condemnation, If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's determination, to render the Premises unsuitable for the use which Tenant was then making of the Property, this Lease shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property (which for Tenant shall include, where applicable, the value of its Antenna Facilities, moving expenses, prepaid rent, and business dislocation expenses). Sales of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. 12. Hold Harmless. Tenant agrees to hold Landlord harmless from any and all claims arising from the installation, use, maintenance, repair or removal of Tenant's Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its agents or independent contractors. 13. Notices. All notices, request, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following address: If to Landlord, to : If to Tenant, to: Minnesota Cellular Telephone Company (dba Cellular One) 7900 Xerxes Avenue South, Suite 1300 Bloomington, MN 55431 Attn: Director of Engineering with a copy to: McCaw Cellular Communications, Inc. Legal Department 5808 Lake Washington Blvd. NE Kirkland, WA 98033 Attn: Vice President of Law 14. Tide and Ouiet Enjoyment. a. Landlord warrants that (i) it has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages and (iii) the Property constitutes a legal lot that may be leased without the need for any subdivision or platting approval. Landlord further warrants that Tenant shall have the quiet enjoyment of the Property during the term of this Lease. Page 37