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Section 4.04. Existing City Civil Defense Equipment The Lessee acknowledges that the <br /> Site contains civil defense equipment of the City. The Lessee shall take no action to interfere <br /> with or damage the civil defense equipment of the City. Lessee shall reimburse the City for any <br /> damage caused by the Lessee to the City's civil defense equipment. Nothing contained in this <br /> Lease shall prevent the City from maintaining its civil defense equipment necessary for the <br /> public health, safety and welfare of the City or prevent the City from accessing its civil defense <br /> equipment for repairs, inspection or replacement. The City shall hold Lessee harmless and <br /> indemnify Lessee for all damages, claims or costs incurred, including, but not limited to, damage <br /> to Lessee's personal property on the Site, resulting from the City or its agent's gross negligence <br /> or willful misconduct at anytime the City accesses the Site as provided in this Lease. <br /> ARTICLE V <br /> Events of Default and Remedies <br /> Section 5.01. Events of Default Defined Any one or more of the following events shall be <br /> an "Event of Default" under this Lease: <br /> (a) Failure by the Lessee to pay any payment required to be paid hereunder <br /> within five (5) business days of the time specified herein. <br /> (b) Failure by either party to observe and perform any covenant, condition or <br /> agreement on its part to be observed or performed, other than as referred to in clause (a) of <br /> this Section, for a period of one hundred twenty (120) days after written notice specifying <br /> such failure and requesting that it be remedied has been given to such party by the other <br /> party, unless the nondefaulting parry shall agree in writing to an extension of such time prior <br /> to its expiration; provided, however, if the failure stated in the notice cannot be corrected <br /> within the applicable period, the nondefaulting party shall not unreasonably withhold its <br /> consent to an extension of such time if corrective action is instituted by the other party <br /> within the applicable period and diligently pursued until the default is corrected. <br /> The provisions of this Section 5.01(b) are subject to the following limitation: if by <br /> reason of force majeure either party is unable in whole or in part to carry out its obligations <br /> under this Lease, it shall not be deemed in default during the continuance of such inability or <br /> during any other delays which are a direct consequence of the force majeure inability, and <br /> the time for such performance shall be extended to cover such delays. The term force <br /> majeure as used herein shall mean, without limitation, the following: acts of God; strikes, <br /> lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any <br /> kind of the government of the United States of America or any of its departments, agencies <br /> or officials, or any civil or military authority, or the State of Minnesota or any of its <br /> departments, agencies or officials; insurrections; riots; landslides; earthquakes; fires; storms; <br /> droughts; floods; explosions; breakage or accident to machinery, transmission pipes or <br /> canals; or any other cause or event not reasonably within the control of a party and not <br /> resulting from its negligence. Each party agrees, however, to remedy with all reasonable <br /> dispatch the cause or causes preventing it from carrying out its agreements. <br /> 374126 SJR MU210 -5 <br /> 5 <br />