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20-3188 Land Lease Agreement Cellco Partnership dba Verizon Wireless
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20-3188 Land Lease Agreement Cellco Partnership dba Verizon Wireless
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
8/24/2020
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12. INSURANCE. The Parties agree that at their own cost and expense, each will maintain <br />commercial general liability insurance with limits of $2,000,000 for bodily injury (including death) and <br />property damage each occurrence and $2,000,000 general aggregate. LESSEE shall maintain <br />environmental liability insurance with a limit of $2,000,000 per occurrence, with a rating of A-: VII or <br />better in an A.M. Best Company. LESSOR shall maintain a pollution liability insurance policy with a limit <br />of $1,000,000.00. The LESSEE's insurance will be primary on the Property. The LESSEE agrees to include <br />the LESSOR as an additional insured as their interests may appear under this Agreement. The Parties <br />hereby waive and release any and all rights of action for negligence against the other which may <br />hereafter arise on account of damage to the Premises or the Property, resulting from any fire, or other <br />casualty which is insurable under "Causes of Loss — Special Form" property damage insurance or for <br />the kind covered by standard fire insurance policies with extended coverage, regardless of whether <br />or not, or in what amounts, such insurance is now or hereafter carried by the Parties, even if any <br />such fire or other casualty shall have been caused by the fault or negligence of the other Party. These <br />waivers and releases shall apply between the Parties and they shall also apply to any claims under or <br />through either Party as a result of any asserted right of subrogation. All such policies of insurance <br />obtained by either Party concerning the Premises or the Property shall waive the insurer's right of <br />subrogation against the other Party. The LESSEE will furnish the LESSOR with 30 days' written notice <br />if the insurance is cancelled. <br />13. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 11 and <br />24, a violation of Paragraph 27, or a violation of law, neither Party shall be liable to the other, or any <br />of their respective agents, representatives, or employees for any lost revenue, lost profits, diminution <br />in value of business, loss of technology, rights or services, loss of data, or interruption or loss of use of <br />service, incidental, punitive, indirect, special, trebled, enhanced or consequential damages, even if <br />advised of the possibility of such damages, whether such damages are claimed for breach of contract, <br />tort (including negligence), strict liability or otherwise, unless applicable law forbids a waiver of such <br />damages. <br />14. INTERFERENCE. <br />(a). LESSEE agrees that LESSEE will not cause radio frequency interference that is <br />measurable in accordance with industry standards to LESSOR's equipment. LESSOR agrees <br />that LESSOR and other occupants of the Property will not cause radio frequency interference <br />that is measurable in accordance with industry standards to the then existing equipment of <br />LESSEE. <br />(b). Without limiting any other rights or remedies, if interference occurs and continues <br />for a period in excess of 48 hours following notice to the interfering party via telephone to <br />LESSEE'S Network Operations Center (at (800) 621-2622) or to LESSOR at (407-262-7700), the <br />interfering party shall or shall require any other user to reduce power or cease operations of <br />the interfering equipment until the interference is cured. <br />(c). The Parties acknowledge that there will not be an adequate remedy at law for <br />noncompliance with the provisions of this Paragraph and therefore the Parties shall have the <br />right to equitable remedies such as, without limitation, injunctive relief and specific <br />performance. <br />15. REMOVAL AT END OF TERM. Upon expiration or within 90 days of earlier termination, <br />61 <br />
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