2017.10.02 CC Packet - Laserfiche WebLink

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operational condition within thirty (30) days, this Lease shall be deemed terminated, thus releasing both parties of all obligations hereunder. 20. CONDEMNATION In the event that the whole of LESSOR'S Property is taken by eminent domain, this Lease shall terminate as of the date title to LESSOR'S Property vests in the condemning authority. In the event that a portion of LESSOR'S Property is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer by giving thirty (30) days notice to the other party. In the event of any taking under the power of eminent domain, LESSEE shall not be entitled to any portion of the award paid for the taking and LESSOR shall receive full amount of such award. LESSEE hereby expressly waives any right to claim to any portion thereof. LESSEE shall retain the right to claim and recover from the condemning authority, but not from LESSOR, unless LESSOR is the condemning authority, such compensation as may be separately awarded or recoverable by LESSEE as damages to LESSEE'S operations and costs or expenses incurred by LESSEE in removing and relocating LESSEE'S equipment. 21. GOVERNING LAW This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. 22. HAZARDOUS SUBSTANCES 22.1 "Hazardous Substances" is defined to mean any and all substances or materials that are categorized or defined as hazardous or toxic under any present or future local, state or federal law, rule or regulation pertaining to environmental regulation, contamination, cleanup or disclosure, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended (CERC'LA), the Resource Conservation and Recovery Act of 1976,.as now or hereafter amended (RCRA), the Superfund Amendments and Reauthorization Act of 1986, as now or hereafter amended (SARA), the Minnesota Environmental Response and Liability Act (MERLA) or any similar statutes or regulations, and any wastes, pollutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls (PCBs) and petroleum products including gasoline, fuel oil, crude oil and various constituents of such products). 22.2 LESSEE or LESSEE'S agent, employees, contractors or invites shall not cause or permit Hazardous Substances to be used, stored, generated, or disposed of on or in the Communications Facility other than Hazardous Substances associated with the operation of the Communication Facility. 22.3 Indemnification If the Communications Facility becomes contaminated due to LESSEE'S use of Hazardous Substances during the Term of the Lease, LESSEE shall indemnify and hold harmless LESSOR for any and all claims, damages, fines, judgments, penalties, cost, liabilities or losses, including without limitation, a decrease in value of the Communications Facility arising during or after the Term of the Lease as a result of said contamination. This indemnification supersedes the Term of this Lease. Agreement No. 2017 -CE -Hugo Hugo Water Tower Page 11 of 19