Laserfiche WebLink
policies of insurance obtained by either Party concerning the Premises or the Property shall waive <br />the insurer's right of subrogation against the other Party. <br />b. LESSEE will maintain at its own cost; <br />i. Commercial General Liability insurance with limits not less than <br />$1,000,000 for injury to or death of one or more persons in any one occurrence <br />and $500,000 for damage or destruction to property in any one occurrence. <br />ii. Commercial Auto Liability insurance on all owned, non -owned <br />and hired automobiles with a combined single limit of one million ($1,000,000) <br />each accident for bodily injury and property damage. <br />iii. Workers Compensation insurance providing the statutory benefits <br />and Employers Liability with a limit of $1,000,000 each accident/disease/policy <br />limit. <br />LESSEE will include the LESSOR as an additional insured as their interest may <br />appear under this Agreement on the Commercial General Liability and Auto Liability policies. <br />C. LESSOR will maintain at its own cost municipal general liability insurance <br />with limits not less than $1,000,000 for injury to or death of one or more persons in any one <br />occurrence and $500,000 for damage or destruction to property in any one occurrence. <br />10. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs <br />8 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, <br />employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, <br />punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of <br />service, even if advised of the possibility of such damages, whether under theory of contract, tort <br />(including negligence), strict liability or otherwise. <br />11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained <br />herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, <br />LESSEE, after the initial five-year term, shall have the right to terminate this Agreement upon the <br />annual anniversary of the Commencement Date provided that nine (9) months prior notice is given <br />to LESSOR. <br />12. ACCESS TO TOWER. LESSEE, at all times during this lease, shall have <br />reasonable access to the premises in order to install, operate, and maintain its facilities. LESSEE <br />shall have access to the premises only with the approval of LESSOR LESSEE acknowledges that <br />the site is adjacent to private property with an access easement on said private property. <br />LESSOR's approval shall extend the access rights to the LESSEE for the use of the easement to <br />access the premises. LESSEE shall request access, from LESSOR, to the premises twenty four <br />(24) hours in advance, except in an emergency, and LESSOR's approval thereof shall not be <br />unreasonably withheld or delayed. In the event it is necessary for LESSEE to have access to the <br />premises at some time outside normal working hours of LESSOR (6:30 am to 3:00 pm, Mon -Fri), <br />MIN Egg Lake <br />Water Tower Lease Agreement <br />3640560v1 <br />C <br />