2017.10.02 CC Packet - Laserfiche WebLink

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e. LESSEE shall notify each labor union or representative of workers with which it has a -collective bargaining agreement or other contract understanding, that LESSEE is bound by the terms of Minn. Stat. §363A..36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled individuals. 17. DEFAULT In the event of any failure of LESSEE to perform any of the terms, conditions or covenants of this Lease to be observed or performed by LESSEE for more than forty five (45) days after written notice of such default has been given to LESSEE, LESSOR shall have the right, at its option, to terminate this. Lease. Upon such termination LESSEE shall quit and surrender the Leased Communications Facility to LESSOR. Upon such termination, LESSOR or LESSOR'Sagent may reenter the Leased Communications Facility and remove all persons and all or any therefrom by proceeding at law, and thereby repossess and enjoy the Leased Communications Facility; and by such repossession and reentry, LESSOR shall not be deemed to have waived its right (if any) to collect rent due (if any) from LESSEE hereunder or to enforce the other obligations of LESSEE hereunder. In the event of any failure of LESSOR to perform any of the terms, conditions or covenants of this Lease to be observed' or performed by LESSOR for more than forty five (45� days after written notice of such default has been given to LESSOR, LESSEE shall have the right, at its option, to terminate this Lease or to exercise any right available to LESSEE at law or in equity. 18. ASSIGNMENT This Lease or the rights there under, may not be sold, assigned or transferred at any time by LESSEE, except for LESSEE'S affiliates, without prior written consent of LESSOR. Such consent will not be unreasonably withheld or delayed. For purposes of thisparagraph, an "affiliate" means an entity that controls, is controlled by or under common control with LESSEE. 18.1 LESSEE may, with the written consent of LESSOR, contract with a third party end user, related or unrelated to LESSEE, herein described as "third party contractor," for physical occupancy of the Communications Facility. In the event that LESSEE contracts with a third party end user for physical occupancy of the Communications Facility, both LESSEE and the third party shall be jointly and severally bound by the terms and conditions of this Lease and 'both LESSEE and the third party shall evidence their acceptance of the terms and conditions of this tease by their signatures hereon. 18.2 In the event that LESSEE contracts with a third party end user for physical occupancy of the Communications Facility and LESSEE wishes to substitute a replacement third party for the original third party, such replacement shall only be permitted' by an amendment to this Lease, approval of which by LESSOR shall not be unreasonably withheld. 19. DESTRUCTION OF THE COMMUNICATIONS FACILITY If the Communications Facility is destroyed or damaged by fire, tornado, flood, civil disorder or any other cause so that the Communications Facility is rendered unusable, the Lease Fee shall' be abated from the date of such damage, and if LESSOR fails to restore the Communications Facility to a safe, Agreement No. 2017 -CE -Hugo Hugo Water Tower Page 1'0 of 19