Resolution 6648 - Laserfiche WebLink

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21. Maintenance of Property. Lessee shall at all times during the term of this Amended and Restated Lease keep its Billboard in good repair and maintain them in a clean and orderly condition. Lessee shall maintain the Property in a safe condition. Medtronic will keep the Property mowed and free from weeds. Lessee shall. bear all the costs and expenses of installation, inspection and maintenance of the Billboard including any costs related to installation or relocation of electric services related to the Billboard or any other utility service subsequently provided. Lessee shall bear all the costs and expenses of modification to or repair or removal of the Billboard. Lessee agrees that Medtronic may require or cause illumination of the Billboard to be ceased temporarily if necessary to protect the public health and safety or if necessary in relation to repairs or maintenance on the Property. 22. Alteration of Billboard. Lessee may not modify or alter the construction of .the Billboard without prior written approval of Medtronic. Such approval shall not be required for minor repairs which do not alter the size, shape or appearance of the Billboard. Any such work shall be done at the sole expense of Lessee and shall not interfere with Medtronic's use of the Property. 23. Removal of Billboard. Lessee agrees to remove the Billboard no later than March 31, 2006 [2007 for two of the billboards] (the "Removal Date"). In the event that Lessee fails to remove the Billboard by the Removal Date, Medtronic, the City or the Mounds View Economic Development Authority ("EDA") may remove the Billboard and Lessee shall reimburse the City, the EDA or Medtronic for the cost of such removal within thirty (30) days following written notice to Lessee from the City, the EDA or Medtronic of the cost of such removal. 24. Loss and Dama;7e. Lessee assumes and bears the risk of all loss and damage to the Billboard from any and every cause whatsoever, whether or not insured except for any damage sustained arising out of Medtronic's, its employees', or agents' intentional or willful acts. No loss or damage to the Billboard or any part thereof shall impair any obligation of Lessee under this Amended and Restated Lease and it shall continue in full force and effect, unless Lessee is unable to use the Property as contemplated in this Amended and Restated Lease. 25. Limitation of Liability. In no event shall Medtronic be liable for special, incidental or consequential damages in relation to this Amended and Restated Lease or termination hereof, use of the Property or installation of the Billboard. 26. Compliance with Laws. Lessee agrees, at its own cost and expense, to comply with all governmental laws, ordinances, regulations, requirements and rules with respect to the siting, use, maintenance, inspection and operation of the Billboard. 27. Insurance and Indemnity. Lessee agrees to maintain at all times commercial general liability insurance insuring Lessee against liability for personal injury, death or damage to personal property arising out of the use of the Property by Lessee, with combined single limits of not less that $1,000,000.00. Medtronic and Lessee each indemnify the other against, and hold the other harmless from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligations, liabilities and liens which arise out of (a) the breach of this Amended and Restated Lease by the indemnifying party; or (b) the use and/or occupancy of the Property or SJR-269112v3 MU2Q5-30 B-3