ERMUSR HANDOUT #3 03-10-2009 - Laserfiche WebLink

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its work on the Property. DUE DILIGENCE. LESSEE, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon LESSOR's Property and conduct such studies as LESSEE deems necessary to determine the Leased Premises' suitability for the Communications Facility. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as LESSEE deems necessary or desirable. 7, UTILITIES. ESSEE shall have the right to use the existing utilities• however LESSEE shall reimburse LESSOR for all utility costs that exceed $500.00 per year if it can be demonstrated that the utility cost in excess of $500.00 is directlyrelated to LESSEE'S use or consumption of the utility-LESSEE may install or improve the existing utilities servicing the Property 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 subject to LESSOR'S review ~~a °°~~~~°~~ 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 ofthe termination ofthis 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. 10. CONDITION OF PROPERTY; LESSOR'S RIGHT TO TERMINATE. 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 One Hundred Twenty (120) Days prior written notice to the LESSEE, notwithstanding any provisions herein to the contrary. 1 l . LESSEE'S RIGHT TO TERMINATE AGREEMENT. This Agreement may be terminated by LESSEE at any time and in its sole discretion by giving written notice thereof to the LESSOR, which termination shall not constitute a waiver of LESSEE'S rights under the Default paragraph ofthis 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 a insurance of self-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. l3. CASUALTY. If any portion of LESSOR'S Properly 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.