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11-10-1997 Council Packet
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11-10-1997 Council Packet
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12. <br />issued by a company authorized to do business in the state of Minnesota, which <br />includes all coverages required in this Paragraph 11. Tenant will name Landlord as an <br />Additional Insured on the General Liability and Commercial Automobile Liability <br />Policies. The Certificate(s) shall also provide the coverage may not be canceled, non- <br />renewed, or materially changed without thirty (30) days prior written notice to <br />Landlord. <br />(g) Waiver of Claims: Subrogation. Each of Landlord and Tenant hereby releases <br />the other from any and all liability or responsibility to the other or anyone claiming <br />through or under it by way of subrogation or otherwise for any loss or damage that <br />may occur to the Property or any improvements thereto, or the Tower or any <br />improvements thereto, or any property of such party therein, by reason of fire or any <br />other cause which could be insured against under the terms of standard fire and <br />extended coverage (all-risk) insurance policies, regardless of cause or origin, including <br />fault or negligence of the other party hereto, or anyone for whom such party may be <br />responsible. Each party shall cause each insurance policy obtained by it to state that <br />the insurer waives all right of recovery by way of subrogation against either party <br />hereto in connection with damage covered by such policy. The releases in this <br />paragraph shall be effective whether the loss was actually covered by insurance. <br />Tenant assumes all risk of loss or damage to Tenant ’s property or leasehold <br />improvements within the Property, including any loss or damage caused by water <br />leakage, fire windstorm, explosion, theft, act of any other tenant, or other cause. <br />Landlord shall not be liable to Tenant, or its employees, for loss or damage to any <br />property in or at the Property, the Premises, or the Tower. <br />Damage or Destruction. If the Premises is destroyed or damaged, without <br />contributory fault of the Tenant or its agents, so as, in the reasonable judgement of the <br />Tenant, to hinder its effective use of the Antenna Facilities, Tenant may elect to <br />terminate this Lease upon 30 days written notice to Landlord. In the event Tenant <br />elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent <br />covering the period subsequent to the date of damage to or destruction of the Leased <br />Premises. <br />13. Lease Termination . <br />(^) Events of Termination . Except as otherwise provided herein, this Lease may <br />be terminated without penalty or further liability upon sixty (60) days written notice to <br />the other party as follows: <br />(i) by either party upon a default of any covenant or term hereof by the <br />other party, which default is not cured within sixth (60) days of receipt of written <br />notice of default to the other party (without, however, limiting any other rights of the <br />parties pursuant to any other provisions hereof); <br />082/22147604 11/7/97
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