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<br />10. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged so as in
<br />Lessor's and Lessee's collective judgment, to hinder its effective use of Lessor's Property, Lessor or Lessee may
<br />elect to terminate this Lease as of the date of the damage or destruction by so notifying the other party no more than
<br />thirty (30) days following the date of damage or destruction. Collective judgment shall be defined as a letter signed
<br />by both parties that includes the specific findings that render the property ineffective.
<br />ll. Condemnation. If a condemning authority takes all or a portion of Lessor's Property, which in
<br />Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then Lessee may terminate this
<br />Lease as of the date when possession is delivered to the condemning authority. In any condemnation proceeding
<br />each party shall be entitled to make a claim against the condemning authority for just compensation (which for
<br />Lessee shall include, the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses,
<br />and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with
<br />the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking
<br />by a condemning authority.
<br />12. Insurance. Lessee shall maintain the following insurance: (1) Commercial General Liability with
<br />limits of $S,Q00,000.00 per occurrence, covering Lessee's use, occupancy and operations on the Premises; (2)
<br />Automobile Liability with a combined single limit of $1,000,000.00 per accident; (3) Workers Compensation as
<br />required by law; and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. Lessee shall name
<br />Lessor as an additional insured with respect to the above Commercial General Liability and Automobile Liability
<br />insurance. Lessee shall have the right to self-insure with respect to any of the above insurance.
<br />13. Assignment. Lessee may assign this Lease or sublease the Premises at any time without
<br />Lessor's consent (i) to any of Lessee's partners or parent firms, (ii) to Lessee's successors-in-interest and their
<br />affiliates and subsidiaries, (iii) in connection with the sale, exchange, or other transfer of Lessee's FCC authorization
<br />for the geographic market area in which the Premises are located or substantially alt of Lessee's assets in the
<br />geographic market area where the Premises are located; or (iv) in connection with any financing, loan, security
<br />interest, pledge, or mortgage of Lessee's property. Any other assignment shall require Lessor's prior written
<br />approval, which approval shall not be unreasonably withheld, delayed, or conditioned.
<br />14. Title and Ouiet Enjoyment.
<br />(a) Lessor represents and warrants that it has full right, power, and authority to execute this Lease.
<br />Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the Term with the exception of
<br />activities deemed necessary by the Lessor to operate, maintain, enhance, or repair the golf course. Lessor hereby
<br />represents and warrants that it has obtained all necessary approvals and consents, and has taken all necessary action
<br />to enable Lessor to enter into this Lease and allow Lessee to install and operate Lessee's Facilities on the Premises,
<br />including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants
<br />of Lessor's Property.
<br />(b) Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title
<br />insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens
<br />or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate
<br />this Lease immediately upon written notice to Lesser.
<br />15. Repairs. Lessee shall not be required to make any repairs to the Premises except for damages to
<br />the Premises caused by Lessee, its employees, agents, contractors or subcontractors.
<br />l6. Indemnification. Lessee shall indemnify, defend with counsel reasonably acceptable to the Lessor,
<br />and hold harmless the Lessor and its officials, officers, employees, agents, volunteers and AGC from and against any
<br />and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
<br />injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
<br />caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Lessee or its employees,
<br />subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their
<br />work. The foregoing obligation of Lessee shall not apply when the injury, loss of life, damage to property, or
<br />violation of law arises from the sole negligence or willful misconduct of the Lessor or its officers, employees, agents,
<br />or volunteers.
<br />17. Miscellaneous.
<br />Notices shall be in writing and shall be delivered to:
<br />No. CA Lease Form 5/2001
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