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SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave
<br />SITE NUMBER: MN- MSP0126
<br />Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant
<br />delivers written notice of termination to Landlord prior to the Commencement Date.
<br />10.2 This Agreement may also be terminated by Tenant without further liability on thirty (30)
<br />days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit,
<br />authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing,
<br />maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant
<br />determines that the Premises are not appropriate for its operations for economic, environmental or technological
<br />reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise
<br />determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose.
<br />11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed,
<br />condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of
<br />the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more
<br />than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
<br />condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
<br />the actual reduction or abatement of use of the Premises.
<br />12. Insurance; Subrogation; and Indemnity.
<br />12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of
<br />One Million and No /100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate
<br />endorsement to any master policy of liability insurance Tenant may maintain.
<br />12.2 Landlord, at Landlord's sole cost and expense, shall procure and maintain CGL insurance
<br />covering bodily injury and property damage with a combined single limit of at least One Million and 00 /100 Dollars
<br />($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of
<br />Landlord, its employees and agents arising out of or in connections with landlord's use, occupancy and maintenance
<br />of the Property. Within thirty (30) days following the Effective Date, Landlord shall provide Tenant with a COI
<br />evidencing the coverage required by this Section.
<br />12.3 Landlord and Tenant hereby mutually release each other (and their successors or assigns)
<br />from liability and waive all right of recovery against the other for any loss or damage covered by their respective
<br />first -party property insurance policies for all perils insured there under. In the event of such insured loss, neither
<br />party's insurance company shall have a subrogated claim against the other.
<br />12.4 Landlord and Tenant shall each indemnify, defend and hold the other harmless from and
<br />against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants'
<br />fees, costs and expenses) (collectively "Losses ") arising from the indemnifying party's breach of any term or
<br />condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents,
<br />employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as of the
<br />Effective Date of this Agreement and survive the termination of this Agreement.
<br />13. Assignment. Tenant may assign this Agreement at any time with notice to be provided to
<br />Landlord as soon thereafter as reasonably possible.
<br />14. Title and Quiet Enjoyment.
<br />14.1 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) it has obtained all necessary
<br />approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow
<br />Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as
<br />may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and
<br />access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective
<br />Date.
<br />14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy
<br />from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title
<br />Clearwire Communication Tower Agreement
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<br />v.5 -22 -06
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