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25A - AGMT FOR STADIUM WIFI
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25A - AGMT FOR STADIUM WIFI
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Last modified
11/12/2020 5:28:02 PM
Creation date
11/12/2020 3:17:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25A
Date
11/17/2020
Destruction Year
2025
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Exhibit 7 <br />d. In the event LESSEE becomes aware of any hazardous materials on the <br />Property, or any environmental, health or safety condition or matter relating to the Property, that, <br />in LESSEE's determination, renders the condition of the Premises or Property unsuitable for <br />LESSEE's use, or if LESSEE believes that the leasing or continued leasing of the Premises <br />would expose LESSEE to undue risks of liability to a government agency or third party, <br />LESSEE will have the right, in addition to any other rights it may have at law or in equity, to <br />terminate this Agreement upon written notice to LESSOR. <br />30. CASUALTY. In the event of damage by fire or other casualty to the Premises <br />that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the <br />Property is damaged by fire or other casualty so that such damage may reasonably be expected to <br />disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at <br />any time following such fire or other casualty, provided LESSOR has not commenced the <br />restoration required to permit LESSEE to resume its operation at the Premises, terminate this <br />Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination <br />shall cause this Agreement to expire with the same force and effect as though the date set forth in <br />such notice were the date originally set as the expiration date of this Agreement and the parties <br />shall make an appropriate adjustment, as of such termination date, with respect to payments due <br />to the other under this Agreement. If LESSEE decides not to terminate this Agreement Rent <br />shall be abated proportionally to the reduction of use. <br />31. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE <br />may terminate this Agreement upon fifteen (15) days written notice to LESSOR if such <br />condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for <br />more than forty five (45) days. LESSEE may on its own behalf make a claim in any <br />condemnation proceeding involving the Premises for losses related to the antennas, equipment, <br />its relocation costs and its damages and losses, and any other amount recoverable by LESSEE <br />under condemnation law (but not for the loss of its leasehold interest). Any such notice of <br />termination shall cause this Agreement to expire with the same force and effect as though the <br />date set forth in such notice were the date originally set as the expiration date of this Agreement <br />and the Parties shall make an appropriate adjustment as of such termination date with respect to <br />payments due to the other under this Agreement. <br />32. SUBMISSION OF LEASE. The submission of this Agreement for examination <br />does not constitute an offer to lease the Premises and this Agreement becomes effective only <br />upon the full execution of this Agreement by the Parties. <br />33. APPLICABLE LAWS. LESSEE shall use the Premises for the use described <br />herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the <br />Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably <br />cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of <br />the Premises. <br />34. SURVIVAL. The provisions of the Agreement relating to indemnification from <br />one Party to the other Party shall survive any termination or expiration of this Agreement. <br />Additionally, any provisions of this Agreement which require performance subsequent to the <br />termination, or expiration of this Agreement shall also survive such termination or expiration. <br />#22948v2 <br />25A-15 <br />
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