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11-10-1997 Council Packet
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11-10-1997 Council Packet
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r <br />6. <br />7. <br />8. <br />9. <br />working hours of Landlord, Landlord may charge Tenant for whatever expense, including <br />employees ’ wages, that Landlord may incur in providing such access to Tenant. <br />(1) Payment of Utilities. Tenant shall separately meter charges for the consumption <br />of electricity and other utilities associated with its use of the Leased Premises and shall <br />promptly pay all costs associated therewith. <br />Emereencv Facilities. In the event of a natural or man made disaster, in order to protect <br />the health, welfare, and safety of the community. Tenant may erect additional antenna <br />facilities and install additional equipment on a temporary basis on the Property to assure <br />continuation of service. Such temporary operation shall not exceed 90 days unless Tenant <br />obtains written approval from the Landlord. <br />Additional Maintenance Expenses . Upon notice from Landlord, Tenant shall promptly <br />pay to Landlord all additional Landlord expenses incurred in maintaining the Landlord’s <br />Tower and Property, including painting or other maintenance of the Tower, that are <br />caused by Tenant’s occupancy of the Leased Premises. <br />Advances in Technoloav . In consideration of the Landlord’s willingness to allow the <br />three renewal options set out in paragraph 4, as technology advances and improved <br />antennas are developied which are routinely used in Tenant’s business. Landlord may <br />require upon commencement of each renewal term, the replacement of existing antennas <br />with the improved antennas if the new antennas are more aesthetically pleasing or <br />otherwise foster a public purpose, as long as the installation and use of the improved <br />antennas are practical and technically feasible ^d;equivaIentperforniance at this location. <br />Additional Buildings. Tenant acknowledges that Landlord may permit additional <br />buildings to be constructed on the Property described in Exhibit A. At such time as this <br />may occur. Tenant will permit said buildings to be placed immediately adjacent to <br />Tenant’s building and will allow "attachments" to its building so as to give the appearance <br />that all buildings are a connected facility. Said attachments will be made at no cost to <br />Tenant and will not compromise the structural integrity nor interfere with the utility of <br />Tenant’s building. <br />10. Defense and Indemnitlcation. <br />(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its <br />elected officials, officers, employees, agents, and repre.sentatives, from and against ^y <br />and all claims, costs, losses, expenses, demands, actions, or causes of action, including <br />reasonable attorneys ’ fees and other costs and expenses of litigation, which may be <br />asserted against or incurred by Landlord or for which Landlord may be liable in the <br />performance of this Lease, except those which arise solely from the negligence, willful <br />misconduct, or other fault of landlord. Tenant shall defend all claims arising out of the <br />082/22148276 11/7/97
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