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02-09-1998 Council Packet
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02-09-1998 Council Packet
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m <br />12. <br />Adjustment to Insurance Coverage Limits. The coverage limits set forth herein <br />shall be increased at the time of any Renewal Term by a minimum of the Consumer <br />Price Index as calculated under Paragraph 2(a). If the increase would be less than <br />25% based on the consumer price index, the limits may be increased up to 25% based <br />on the limits needed to provide adequate coverage. <br />(8) i^ditional Insured - Certificate of Insurance. The Tenant shall provide, prior <br />to tenancy, evidence of the required insurance in the form of a Certificate of Insurance <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 />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 />lault 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(definition?), Tenant may <br />elect to terminate this Lease upon 30 days’ written notice to Landlord. In the event <br />Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of <br />prepaid rent covering the period subsequent to the date of damage to or destruction of <br />the Leased Premises. <br />13. Lease Termination. <br />082/22148474 11/14/97
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