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12 <br />235433v5 <br /> <br />(b) Mutual Release. Lessor and Lessee each release the other and their <br />respective representative from any claims by them or anyone claiming through or under <br />them by way of subrogation or otherwise for damage to any person or to the Property and <br />to the fixtures, personal property, improvements and alterations in or on the Property that <br />are caused by or result from risks insured against under any insurance policy carried by <br />them and/or required by this Lease. <br />14. Notices <br />All notices or demands by or from Lessor to Lessee, or Lessee to Lessor, shall be in <br />writing. Such notices or demands shall be mailed to the other party at the following address: <br />Lessor: Elk River Municipal Utilities <br /> Attn: General Manager <br /> 13069 Orono Pkwy <br /> P.O. Box 430 <br /> Elk River, MN 55330-0430 <br /> <br />Lessee: New Cingular Wireless PCS, LLC <br /> Attn: Tower Asset Group – Lease Administration <br />Re: Cell Site #: MNL01428; Site Name: Powered By Nature (MN) <br /> Fixed Asset #: 16183131 <br /> 1025 Lenox Park Blvd NE <br /> Atlanta, GA 30319 <br /> <br />With a Copy to: New Cingular Wireless PCS, LLC <br /> Attn: Legal Dept – Network Operations <br />Re: Cell Site #: MNL01428; Site Name: Powered By Nature (MN) <br /> Fixed Asset #: 16183131 <br /> 208 S. Akard Street <br /> Dallas, TX 75202-4206 <br /> <br />15. Destruction of Premises <br />Lessor agrees to endeavor to provide notice to Lessee of any casualty or other harm <br />affecting the Premises within a reasonable amount of time after becoming aware of the casualty <br />or other harm. If the Property or the Water Tower are destroyed or damaged so as to hinder the <br />effective use of Lessee’s Equipment on the Water Tower in Lessee’s reasonable judgment, <br />Lessee may elect to terminate this Lease as of the date of the damage or destruction by so <br />notifying the Lessor. In such event, all rights and obligations of the parties to each other Lessee <br />to Lessor shall cease as of the date of the damage or destruction (other than those obligations <br />intended to survive the termination of the Lease), and Lessee shall be entitled to a pro rata <br />reimbursement of any Lease Payment prepaid by Lessee. In the case of such termination, Lessee <br />shall promptly remove its Equipment from the Property, repairing any damage caused in the <br />process. <br />186