|
QJ
<br />and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
<br />maintain any action or effect any remedies for default against LESSOR unless and until
<br />LESSOR has failed to cure the breach within the time periods provided in this Paragraph.
<br />Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if
<br />LESSOR fails, within five (5) business days after receipt of written notice of such breach, to
<br />perform an obligation required to be performed by LESSOR if the failure to perform such an
<br />obligation interferes with LESSEE's ability to conduct its business on the Property; provided,
<br />however, that if the nature of LESSOR's obligation is such that more than five (5) business days
<br />after such notice is reasonably required for its performance, then it shall not be a default under
<br />this Agreement if performance is commenced within such five (5) day period and thereafter
<br />diligently pursued to completion.
<br />30. REMEDIES. Subject to applicable notice and cure periods, in the event of a
<br />default by either Party with respect to this Agreement, without limiting the non -defaulting Party
<br />in the exercise of any right or remedy which the non -defaulting Party may have by reason of
<br />such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy
<br />now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the
<br />state in which the Premises are located; provided, however, the Parties shall use reasonable
<br />efforts to mitigate their damages.
<br />31. ENVIRONMENTAL.
<br />a. LESSOR will be responsible for all obligations of compliance with any
<br />and all environmental and industrial hygiene laws, including any regulations, guidelines,
<br />standards, or policies of any governmental authorities regulating or imposing standards of
<br />liability or standards of conduct with regard to any environmental or industrial hygiene
<br />conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
<br />way related to activity now conducted in, on, or in any way related to the Tower or Property,
<br />except to the extent such conditions or concerns are caused by the specific activities of LESSEE,
<br />its members, officers, employees, agents or contractors at the Premises.
<br />b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
<br />assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
<br />responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
<br />damages) and for responding to any action, notice, claim, order, summons, citation, directive,
<br />litigation, investigation or proceeding which is in any way related to: a) failure to comply with
<br />any environmental or industrial hygiene law, including without limitation any regulations,
<br />guidelines, standards, or policies of any governmental authorities regulating or imposing
<br />standards of liability or standards of conduct with regard to any environmental or industrial
<br />hygiene concerns or conditions as may now or at any time hereafter be in effect, except to the
<br />extent such non-compliance results from conditions caused by LESSEE, its members, officers,
<br />employees, agents or contractors; and b) any environmental or industrial hygiene conditions
<br />arising out of or in any way related to the condition of the Tower or Property or activities
<br />conducted thereon, except to the extent such environmental conditions are caused by LESSEE,
<br />its members, officers, employees, agents or contractors.
<br />MMC Central
<br />Water Tower Lease Agreement 13
<br />22276800
<br />
|