Laserfiche WebLink
insurance with respect to Tenants use and occupancy of the Premises and all related operations, with limits of <br />not less than $1,000,000.00 each occurrence, including both bodily injury liability and property damage <br />liability. Lessor shall be named as an additional insured under Tenant's Comprehensive General Liability <br />Insurance. This insurance shall also provide contractual liability insurance covering the obligations assumed by <br />Tenant under this Lease; (c) Automobile Liability insurance on all owned, non - owned, hued or leased <br />automotive equipment in conjunction with operations, in amounts not less than $1,000,000.00 each occurrence <br />combined coverage for bodily injury liability and property damage liability. <br />As evidence of the above, Tenant shall submit to Lessor certificates of insurance and endorsements. Such <br />certificates and endorsements Wired thereunder, without days advance written notice to materially changed or stipulate that the insurance as certified will <br />Lessor. <br />cancelled by the insurer or any <br />9. INDEMNIFICATION. Tenant agrees to indemnify Lessor against liability, including any resulting costs <br />and/or attorneys' fees, on all claims for damages and injuries to person or property that are claimed to have <br />resulted from the activities or omissions of Tenant or its agents or employees or subcontactors during the term <br />of this Lease. Lessor agrees to indemnify Tenant against liability, including any resulting costs and/or <br />attorneys' fees, for any breach of the warranties set forth in Section 13. Lessor must also indemnify Tenant for <br />any damages caused by Lessor during their inspections. <br />10. TERMINATION OF LEASE Tenant may terminate this Lease upon giving notice to Lessor at least ninety <br />(90) days prior to the annual anniversary date. Such a termination will not affect any rights or duties that <br />accrued prior to such termination. In the event of such termination, Lessor shall be entitled to retain all prior <br />payments made by Tenant and to enforce any accrued but unpaid payment; and the terms of Sections 4, 7, 9 and <br />14 shall continue to be applicable. <br />11. DEFAULT OF TENANT. In the event any default occurs m the performance of any term or condition of <br />this Lease by Tenant, Lessor shall give notice in writing to Tenant demanding the correction or removal of the <br />default. In the event that Tenant fails to correct or remove such default (except for a default under Section 4.9) <br />within 20 days from the date notice is given, Lessor may, at its option, terminate this Lease. In the event of a <br />default under the Section 4.9, the terms of that Section control Lessor's right to terminate this Lease. If this <br />Lease is terminated by Lessor pursuant to this Section 11 or Section 4.9, the terms of Sections 4, 7, 9 and 14 <br />shall continue to be applicable . <br />12. SUCCESSOR AND ASSIGNS. This Lease shall inure to the benefit of, and shall be binding on, the <br />successors and assigns of the parties. The parties' rights and obligations under this Lease may not be assigned <br />or sublet without the prior written consent of the other party, which consent shall not be unreasonably withheld. <br />Tenant shall have the right to subcontract with others for the performance of work on the Premises, subject to <br />all terms of this Lease, but a subcontract shall not relieve Tenant of its obligations under this Lease to Lessor. <br />13. LESSOR'S WARRANTIES. Lessor represents and warrants that it possesses fee simple title to the <br />Premises, that it has the right, authority and power to enter into this Lease and that by doing so it is not <br />interfering with the mineral rights of any third party; and that there are no claims, governmental contention or <br />litigation pending or threatened concerning or affecting their right, authority and power to enter into this Lease. <br />14. DISPUTE RESOLUTION. In the event of a dispute of any kind or nature arising out of this Lease, the <br />parties shall negotiate in good faith to resolve the dispute. if no resolution can then be reached, either party <br />may resort to an appropriate court. in such case, the court shall award costs of litigation and reasonable <br />attorneys' fees to the prevailing party. <br />15. ENTIRE AGREEMENT. The headings of the sections of this Lease are used merely for convenience of <br />reference and are not intended nor shall they be construed to affect the meaning or construction of this Lease. <br />3 <br />