11-10-1997 Council Packet - Laserfiche WebLink

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r 12. policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to state that the insurer waives all right of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this paragraph shall be effective whether the loss was actually covered by insurance. Tenant assumes all risk of loss or damage to Tenant ’s property or leasehold improvements within the Property, including any loss or damage caused by water leakage, fire wi.ndstorm, explosion, theft, act of any other tenant, or other cause. Landlord shall not be liable to Tenant, or its employees, for loss or damage to any property in or at the Property, the Leased Premises, or the Tower. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in the reasonable judgment of the Tenant, to hinder its effective use of the Tenant Facilities, Tenant may elect to terminate this Lease upon 30 days’ written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 13. Lease Termination. (a) Events of Termination . Except as otherwise provided herein, this Lease may be terminated without penalty or further liability upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tenant Facilities or Tenant ’s business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Tenant s Antenna Facilities, design or engineering specifications or the communications systems to which the Tenant Facilities belong; (iv) by Landlord in the event that the use of the Tower for water service is Jeopardized because of antenna usage on the Tower; (v) by Landlord, upon 180 days prior written notice to Tenant if its Council decides, for any reason, to redevelop -the Leased Premises in a manner inconsi stent 'with 082/22148276 11/7/97