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SPRINT PCS ASSETS, LLC
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Last modified
4/10/2023 10:15:42 AM
Creation date
4/10/2023 10:14:09 AM
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Contracts
Company Name
SPRINT PCS ASSETS, LLC
Contract #
A-2002-095A
Agency
Parks, Recreation, & Community Services
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7/29102M <br />c. LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and assume all <br />duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and <br />liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or <br />damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, <br />investigation or proceeding which is In any way related to: (i) failure to comply with any enviromnenial or <br />industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of <br />any governmental authorities regulating or imposing standards of liability or standards of conduct with <br />regard to any environmental or industrial hygiene concerns or conditions as may now or at any time <br />hereafter be in effect, unless such compliance results from conditions caused by the LESSEE; and (if) any <br />environmental or industrial hygiene conditions arising out of or in any way related to the condition of the <br />Property or activities conducted thereon, unless such environmental conditions are caused by the LESSEE. <br />31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot <br />reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire <br />or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises <br />for more than sixty (60) days, then LESSEE may at any time following such Are or other casualty, provided <br />LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, <br />terminate this Lease upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause <br />this Lease to expire with the same force and effect as though the date set forth in such notice were the date <br />originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such <br />termination date, with respect to payments due to the other under this Lease. <br />32. CONDEMNATION. In the event of any condemnation of the Promises, LESSEE may <br />terminate this Lease upon fifteen (15) days written notice to LESSOR, LESSEE may on its own behalf make a <br />claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its <br />relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of <br />termination shall cause this Lease to expire with the same force and effect as though the date set forth in such <br />notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate <br />adjustment as of such termination date with respect to payments due to the other under this Lease. <br />33. SUBMISSION OF LEASE.. The submission of this Lease for examination does not constitute an <br />offer to lease the Premises and this Lease becomes offeotivo only upon the fidl execution of this Lease by the <br />Parties. If any provision herein is invalid, it shall be considered deleted from this Lease and shall not invalidate <br />the remaining provisions of this Lease. <br />34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described above in Section <br />10. in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in <br />conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE <br />regarding any compliance required by the LESSEE in respect to its use of the Promises. <br />35. URVi AL, The provisions of the Agreement relating to indemnification, from one Party to <br />the other Party sball survive any termination or expiration of this Agreement. Additionally, any provisions of this <br />Agreement which require performance subsequent to the termination or expiration of this Agreement shall also <br />survive such termination or expiration. <br />36. CAPTIONS. The captions contained in this Agreement arc inserted for convenience only <br />and are not intended to be part of the Agreement. They shall not atfect or be utilized in the construction or <br />interpretation of the Agreement. <br />37. PROPERTY SPECIF—ICACCESS RULEMEGULATIONS, LESSEE agrees to abide by all <br />conditions of approval mud rules and regulations of the Property and Premises imposed by LESSOR as set firth in <br />Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. <br />These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, <br />
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