2023.10.10 CC Packet - Laserfiche WebLink

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8 other’s Affiliates, and their respective officers, director s, shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is legally responsible from any claims for damage to any person or to the Premises or any other real or personal property that are or are claimed to have be en caused by or result from risks insured against under any insurance policies carried by the waiving party and in force at the time of such damage and hereby waive any right of subrogation that might otherwise exist in or accrue to any person on account t hereof. All policies required to be carried by either Party herein shall contain an endorsement in favor of the other Party waiving the insurance company’s right of subrogation against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS OR DAMAGE I S CAUSED BY THE FAULT OR NEGLIGENCE OF A PARTY HERETO OR BY ANY PERSON FOR WHICH SUCH PARTY IS RESPONSIBLE. EACH PARTY AGREES TO NOTIFY ITS INSURANCE CARRIER(S) OF THIS PROVISION. 10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of Tenant or its agents, so as, in Tenant’s judgement, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate the Lease, upon thirty (30) days’ written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of any prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 11. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either Party upon sixty (60) days’ written notice to the other party as follows: (i) By either Party upon a default of any material 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 Antenna Facilities; (iii) By Tenant as a result of a Federal Communications Commission ruling or regulation, that is beyond the control of Tenant, issued after the Commencement Date that materially interferes with Tenant’s ability to carry out its operation of the Antenna Facilities; (iv) By Tenant, in its sole discre tion. If Tenant terminates pursuant to this Section 11(a)(iv), Tenant shall pay Landlord a termination fee equal to one (1) year of the then current rent; (v) By Landlord following the second Renewal Term, if its Council decides, for any reason, to redevelop the Property and/or discontinue use of the Water Tower for all purposes or any purpose inconsistent with this Lease. In any such event, Landlord shall provide a one (1) year written notice to Tenant. (vi) By Landlord if it determines that the Water Tower is structurally unsound including, but not limited to, consideration of age of the Water Tower, damage, or