Laserfiche WebLink
• • <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 <br />- ~ - IIvITI,AL.)/D BY: ~~ <br />~,%' <br />a~~ <br />