Resolution 6648 - Laserfiche WebLink

Home Browse Search

I2. Loss and Damage. Lessee assumes and bears the risk of a111oss and damage to the Billboard from any and every cause whatsoever, whether or not insured except for any damage sustained arising out of the City'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 Lease and it shall continue in full force and effect, unless Lessee is unable to use the Property as contemplated in this Lease. 13. Limitation of Liability. In no event shall the City be liable for special, incidental or consequential damages in relation to this Lease or termination hereof, use of the Property or installation of the Billboard. 14. Compliance with Laws. Lessee agrees, at its own cost and expense, to comply v~~ith all governmental- laws, ordinances, regulations, requirements and rules with respect to the siting, use, maintenance, inspection and operation of the Billboard. 15. 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. The City 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 Lease by the indemnifying party; or (b) the use and/or occupancy of the Property or Property by such indemnifying party. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any willful or intentional act of the indemnified party and shall survive the termination of this Lease. 16. Electric Service Fees and Taxes. Lessee agrees that, during the term of this Lease, in addition to the rent, it will pay promptly alI electric service fees or charges, and any statutorily authorized taxes, assessments and other generally applicable government charges, if any, levied or assessed upon the interest of Lessee in the Billboard or upon its use or operation. 17. Title of Lessee: Return of Billboard. Title to the Billboard will at all times remain in Lessee. Upon expiration, termination or cancellation of this Lease as provided in paragraph 24, Lessee at its sole expense must remove the Billboard from the Property. 18. Assign-ment. Lessee shall not sell, assign or transfer tl2e rights granted to Lessee under this Lease or any interest in it or enter into any sublease with respect to the Billboard or use of the Property without the City's prior written approval. 19. Notices. All notices relating to this Lease shall be mailed to the City or Lessee at their respective address shown below or at any later address last known: As to Lessee: Clear Channel Outdoor, Inc. 3225 Spring Street Northeast Minneapolis; MN 55413 S.TFZ-269112v3 ML?205-30 C-3