2023.10.10 CC Packet - Laserfiche WebLink

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11 thirty (30) days’ written notice to the other party. In the event of any taking under the power of eminent domain, Te nant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution is value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant’s business and any costs or expenses incurred by Tenant in moving/removing its Antenna Facilities. 17. Enforcement and Attorneys’ Fees . In the event that either Party to this Lease shall bring a claim to enforce any rights hereunder, the prevailing Party, as deemed by the arbitrator or court, including appellate courts, shall be entitled to recover costs and reasonable attorneys’ fees incurred as a result of such claim. 18. Notices . All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of New Brighton 803 Old Highway 8 New Brighton, MN 55112 If to Tenant, to: DISH Wireless L.L.C. Attn: Lease Administration / MNMSP00506A 5701 South Santa Fe Drive Littleton, Colorado 80120 19. Authority. Each of the individuals executing this Lease on behalf of Tenant or Landlord represents to the other Party that such individual is authorized to do so by requisite action of the Party to this Lease. 20. Binding Effect. This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 21. Complete Lease; Amendments . This Lease, including the Recitals and exhibits attached hereto, constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both Parties. 22. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 23. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect.