06-10-2024 CC Agenda Packet - Laserfiche WebLink

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expense, including employees' wages, that Landlord may incur in providing such access to Tenant. 1) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emer2eney Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional antenna facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord, which approval shall not be unreasonably withheld. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Premises and Property, including painting or other maintenance of the Tower, that are caused by Tenant's occupancy of the Premises and Property. 8. Advances in Technology. As consideration for the Landlord's agreement to allow extensions of the lease for a total of fifteen years beyond the original term; the Landlord may require, as technology advances and improved antennas are developed which are routinely used in Tenant's business, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible and offer equivalent performance at this location. This can only be requested at each lease renewal. 9. Additional Buildings. Tenant aelmowledges that Landlord may permit additional buildings to be constructed on the Property. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's cabinet and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise either access to or the structural integrity or interfere with the utility of Tenant's building. 10. Defense and Indemnification. a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the perfonnance of this Lease, except those which arise from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the 6 121076599v2 752031 55