Laserfiche WebLink
8 <br />235433v5 <br /> <br />contractors, or Lessor’s breach of any provision of this Lease, except to the extent <br />attributable to the negligent or intentional act or omission of Lessee, its employees, <br />agents or independent contractors. <br />(d) The indemnified party: (i) shall promptly provide the indemnifying party <br />with written notice of any claim, demand, lawsuit, or the like for which it seeks <br />indemnification pursuant to this Section 8 and provide the indemnifying party with copies <br />of any demands, notices, summonses, or legal papers received in connection with such <br />claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, <br />or the like without the prior written consent of the indemnifying party; and (iii) shall fully <br />cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or <br />the like. A delay in notice shall not relieve the indemnifying party of its indemnity <br />obligation, except (1) to the extent the indemnifying party can show it was prejudiced by <br />the delay; and (2) the indemnifying party shall not be liable for any settlement or <br />litigation expenses incurred before the time when notice is given. <br />9. Default, Termination and Remedies <br />(a) Except as otherwise provided herein, this Lease may be terminated upon <br />written notice as follows: <br />i. By either party upon a default of any covenant or term hereof by the other <br />party, which default is not cured within thirty (30) days of receipt of <br />written notice of default (without, however, limiting any other rights <br />available to the parties pursuant to other provisions hereof); <br />ii. Upon thirty (30) days written notice by Lessee if Lessee is unable to <br />obtain or maintain, through no fault of Lessee, any license, permit or other <br />governmental approval necessary for the construction and operation of the <br />Lessee’s Equipment or business, including its ability to manage a PCS <br />network pursuant to which the space is leased and the Equipment will be <br />installed; <br />iii. By Lessor by giving Lessee twelve (12) months written notice that the <br />Water Tower is going to be abandoned or relocated due to unforeseen or <br />hidden structural flaws; <br />iv. By Lessee giving twelve (12) months written notice that use of the <br />Property is unacceptable for technical reasons, including the Property <br />being unacceptable as part of Lessee’s network design as well as signal <br />interference; or <br />v. By Lessor by giving Lessee thirty (30) days written notice that Lessee’s <br />Equipment is unreasonably interfering with the equipment of a Priority <br />User provided that Lessor first gives Lessee written notice of such <br />interference and thirty (30) days within which to resolve such interference <br />with the Priority User. <br />182