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AG 2017 08 21
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AG 2017 08 21
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Last modified
8/24/2017 4:41:15 PM
Creation date
11/27/2017 10:29:54 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/21/2017
Board
Board of Commissioners
Meeting Type
Regular
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not less than thirty(30)days prior written notice,after the expiration of the cure period described above,and <br /> Tenant fails to cure or commence the cure of such Default within the second thirty(30)day notice period;and <br /> (c)Landlord lacks any other adequate legal or equitable right or remedy. <br /> 13. Taxes. Landlord shall pay when due all real estate taxes and assessments for the Property,including <br /> the Premises. Notwithstanding the foregoing,Tenant shall reimburse Landlord for any personal property tax <br /> paid for by Landlord which is solely and directly attributable to the presence or installation of Tenant's Antenna <br /> Facilities during the Term. Landlord shall provide prompt and timely notice of any tax or assessment for which <br /> Tenant is liable.Tenant shall have the right to challenge any tax or assessment and Landlord shall cooperate <br /> with Tenant regarding such challenge. <br /> 14. Insurance and Subrogation and Indemnification. <br /> a) During the Term, Tenant and Landlord each shall maintain Commercial General Liability <br /> Insurance in amounts of One Million and no/100 Dollars($1,000,000.00)per occurrence and Two Million and <br /> no/100 Dollars($2,000,000.00)aggregate.Each party may satisfy this requirement by obtaining the appropriate <br /> endorsement to any master insurance policy such party may maintain.Tenant and Landlord shall each maintain <br /> "all risk"or"special causes of loss'property insurance on a replacement cost basis for their respectively owned <br /> real or personal property. <br /> b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) <br /> from liability and waive all right of recovery against the other for any loss or damage covered by their respective <br /> first party property insurance policies for all perils insured thereunder.In the event of an insured loss,neither <br /> party's insurance company shall have a subrogated claim against the other party. <br /> c) Subject to the property insurance waivers set forth in the preceding subsection (b),and to <br /> the extent permitted by law,Landlord and Tenant each agree to indemnify and hold harmless the other party <br /> from and against any and all administrative and judicial actions and rulings,claims,causes of action,demands <br /> and liabilities,including reasonable attorneys'fees,to the extent caused by or arising out of: (i)any negligent <br /> acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party <br /> or the employees,agents,contractors,licensees,tenants or subtenants of the indemnifying party,(ii)any spill <br /> or other release of any Hazardous Substances(as defined below)on the Property by the indemnifying party or <br /> the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, or (iii) any <br /> breach of any obligation of the indemnifying party under this Agreement.The indemnifying party's obligations <br /> under this subsection are contingent upon its receiving prompt written notice of any event giving rise to an <br /> obligation to indemnify the other party and the indemnified party's granting it the right to control the defense <br /> and settlement of the same. <br /> d) Tenant shall not be responsible or liable to Landlord or any third party for any claims, <br /> damages,costs,expenses,including liens,fines,penalties or other enforcement actions,attributable to any pre- <br /> existing violations of applicable laws, codes, ordinances or other regulations relating to the Property <br /> (collectively,"Pre-Existing Violations"). To the extent Tenant is or may be required to cure such Pre-Existing <br /> Violations in order to obtain any Governmental Approvals for its Permitted Uses of the Premises, however, <br /> Tenant shall have the right,but not the obligation,to cure such Pre-Existing Violations and deduct the curative <br /> costs from Rent payable under this Agreement. <br /> e) The provisions of subsections(b)and(c)above shall survive the expiration or termination of <br /> this Agreement. <br /> Site Number: 5CT0156A -4- Site Lease—version 6.26.14 <br /> Site Name: Kannapolis <br /> Market Carolinas <br /> F-5 Page 89 <br />
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