5.3. ERMU SR 02-24-2009 - Laserfiche WebLink

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LESSEE deems necessary or desirable. 7. UTILITIES. Utilities shall not be separately metered and LESSEE shall have the right to use the existing utilities. LESSEE may install or improve existing utilities servicing the Properly and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to its Communications Facility. Deleted reference to the Lessee paying for metering and electricity used. 8. REMOVAL OF COMMUNICATIONS FACILITY. All personal property, trade fixtures, and improvements installed by LESSEE shall remain LESSEE's property and shall be removed, at no cost to LESSOR, by LESSEE within sixty (60) days of the termination of this Agreement. LESSEE shall restore and repair any damage caused by the removal of LESSEE'S property. Should LESSEE fail to restore or repair LESSOR'S property as required by this section, LESSOR shall be entitled to take whatever steps may, in LESSOR'S sole discretion, be required to restore LESSOR'S property and LESSEE agrees that it shall pay to LESSOR all costs incurred by LESSOR in restoring the property. 9. INSURANCE. LESSEE shall self insure against liability for personal injury, death or damage to personal property arising out of LESSEE'S use of the Leased Premises. Deleted reference to naming ERMU as an additional insured and reduced liability from one million to five hundred thousand per person, 1.5 million per occurrence per MN Statute Chapter 466 which provides municipality tort liability caps. 10. CONDITION OF PROPERTY. LESSOR represents that LESSOR's Property is in "as is" condition. If, in LESSOR's judgment, LESSOR's Property or Structure becomes unusable for its intended purpose of portable water storage due to condition or other factors, LESSOR retains the right to cancel the Agreement with Three Hundred Sixty (360) Days prior written notice to the LESSEE, notwithstanding any provisions herein to the contrary. TERMINATION. This Agreement may be terminated by LESSEE at any time in its sole discretion by giving written notice thereof to LESSOR, which termination shall not constitute a waiver of LESSEE'S rights under the Default paragraph of this Agreement. 12. LIABILITY. Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The LESSEE'S liability is governed by the provisions of Minnesota Statutes, Chapter 466. The Council warrants that it is able to comply with the aforementioned requirements through an insurance ofself-insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes, Chapter 466. Nothing contained in this agreement is intended to waive any statutory immunities or liability limits that may be available to either Lessee or Lessor, nor shall this agreement be interpreted to provide for any stacking of liability limits under Minnesota Law. Removed an Indemnity clause and substituted a much less restrictive liability clause. Removed entire Hazardous Substances paragraph. This paragraph protects Lessee from losses incurred by Lessor associated with chemical or toxic substances and also protects the Lessor from losses and liability incurred by the Lessee associated with chemical or toxic substances generated. 13. CASUALTY. If any portion of LESSOR's Property or the Communications Facility is damaged by any casualty and such damage adversely affects LESSEE's use of the Leased Premises, this Agreement shall terminate as of the date of the casualty if LESSEE gives written notice of the same within thirty (30) days after LESSEE receives notice of such casualty. 14. QUIET ENJOYMENT. LESSEE, upon performance of its obligations hereunder, shall peaceably and quietly have, hold and enjoy the Leased Premises. LESSOR shall not cause or permit any use of LESSOR'S property that 2