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