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08-1957 Site Lease Communications Agreement - South Water Plant
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08-1957 Site Lease Communications Agreement - South Water Plant
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10/31/2008 3:03:03 PM
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10/31/2008 3:01:11 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
10/27/2008
Doc Number
08-1957
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<br />Owner's request lor such ccrtificate. Any insurance required to be providcd by Lessee <br />under this paragraph 8 may be provided by a blanket insurance policy covering the <br />Property and other locations of Lcssee, provided such blanket insurance policy <br />complies with all the other requirements of this Agreement with respect to the type and <br />amount of insurance required. Lessee may also fulfill its requirements under this <br />paragraph 8 through a program of self~insurance. If Lcssee elects to sclt~insure, then <br />Lessee shall furnish Owner with a leller stating that there is a self-insurance program in <br />elTect that provides for the same, or greater, coverage than required of Lessee herein. <br /> <br />F. Owner shall provide Lessee with a certilicate of insurance, issued by an insurance <br />company licensed to do business in the state in which the Property is localed, indicating <br />the Owner carries comprehensive general liability insurance with Jimils of liability <br />thereunder of not less than $ 1 million combined single limit lor bodily injury and/or <br />property damage, together with an endorsement lor contractual liability. Such insurance <br />shall name Lessee as an additional insured with respect to the Property. Owner will <br />provide Lessee with a renewal cel1ilicate within ten (l0) business days of Lessee request <br />for such certificate. <br /> <br />G. Each such policy shall be written so as to provide that the insurance company waives <br />all rights of recovery by way of subrogation it may have against Owner or Lessee in <br />connection with any loss or damage covered by such policy. The pm1ies further agree and <br />hereby release each other with respect to any claim (including a claim lor negligence) <br />which the other party may have against such party lor loss, damage or destruction of, or <br />liabilily for damages to, the Property of the other occurring during the term of this <br />Agreement, as same may be extended, and normally covered under a fire insurance <br />policy with extended coverage. Notwithstanding anything contained in this Agreement to <br />the contrary, Ihe provisions of this paragraph 8(G) shall control. <br /> <br />9. Lessee Defaults <br /> <br />A. The occurrence of anyone or more of the following events shall constitute an "Event <br />of Default" hereunder by Lessee <br /> <br />I. The failure by Lessee to make any payment of rent or any other payment <br />required to be made by Lessee hereunder as and when due where such failure <br />shall continue for a period of thirty (30) days after written notice thereof is <br />received by Lessee from Owner. <br /> <br />2. The failure by Lessee to observe or perform any of the covenants or provisions <br />of this Agreement to be observed or perlormed by Lessee, other than as specilied <br />in paragraph 9(A)(I), where such failure shall continue for a period of thirty (30) <br />days after written notice Ihereof is received by Lessee ham Owncr, provided, <br />however, that it shall not be deemed an Event of Default by Lessee if Lessee shall <br />commence to cure such failure within said thirty (30) day period and thereafter <br />diligently prosecutes such cure to completion. <br /> <br />EXECUTION COpy <br />
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