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(b) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's
<br />installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or otherwise forfeits or cancels any license (including,
<br />without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or
<br />Tenant's business;
<br />(c) upon thirty (30) days' written notice by Tenant if Tenant determines that the Property or the Antenna Facilities are inappropriate or
<br />unnecessary for Tenant's operations for economic or technological reasons;
<br />(d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's
<br />reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the
<br />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. If
<br />Tenant elects to continue this Lease, then all Rent shall abate until the Premises and /or the Antenna Facilities are restored to the condition existing
<br />immediately prior to such damage or destruction; or
<br />(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in
<br />Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate
<br />awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of
<br />the power shall be treated as a taking by condemnation.
<br />9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it
<br />at law or in equity, each party shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof, to
<br />take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a
<br />cure thereof to its completion after thirty (30) days' written notice specifying such failure of performance or default.
<br />10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event that Landlord fails to
<br />pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and
<br />deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax
<br />or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna Facilities, only for so long as this Lease
<br />remains in effect. If Landlord receives notice of any personal property or real property tax assessment against Landlord, which may affect Tenant
<br />and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to
<br />consent to or challenge such assessment, whether in a Court, administrative proceeding, or other venue, on behalf of Landlord and /or Tenant Further,
<br />Landloni shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably
<br />necessary to effectuate the intent of this Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the
<br />Property, Tenant shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to
<br />Landlord, provided Tenant pays any real property taxes assessed as provided herein.
<br />11. Insurance and Subrogation and Indemnification.
<br />(a) Tenant and Landlord each will maintain Commercial General Liability insurance in amounts of One Million and no /100 Dollars
<br />($1,000,000.00) per occurrence and Two Million and no /100 Dollars ($2,000,000.00) aggregate. Each party may satisfy this requirement by
<br />obtaining the appropriate endorsement to any master policy of liability insurance such party may maintain.
<br />(b) Tenant and Landlord shall each maintain "all risk" or "special causes of loss" property insurance on a replacement cost basis for their
<br />respective owned real and /or personal property.
<br />(c) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery
<br />against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the
<br />event of such insured loss, neither party's insurance company shall have a subrogated claim against the other.
<br />(d) Subject to the property insurance waivers set forth in subsection 11(b), Landlord and Tenant each agree to indemnify and hold harmless
<br />the other party from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising
<br />out of the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the
<br />employees, agents, contractors, licensees, tenants and /or subtenants of the indemnifying party, or a breach of any obligation of the indemnifying
<br />party under this Lease. The indemnifying party's obligations under this section are contingent upon its receiving prompt written notice of any event
<br />giving rise to an obligation to indemnify the other party and the indemnified party's granting it the right to control the defense and settlement of the
<br />same.
<br />Site Number.
<br />Site Name
<br />Market
<br />AIN0I08 -A
<br />Lino Lakes City Monopole
<br />Minneapolis
<br />3
<br />Tower Lease — version 6.30.06
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