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Packet 20231016
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5G Consent
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3/21/2024 5:56:02 PM
Creation date
12/26/2023 3:00:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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<br />20 <br />(b) No Alterations shall be undertaken that are prohibited by, or would cause <br />the Leased Premises, the Improvements, Lessee, or Lessor to be in breach or violation of any <br />Legal Requirements; <br />(c) No Alterations shall be undertaken until Lessee shall have procured, to the <br />extent the same may be required from time to time, all permits and authorizations of all <br />applicable Governmental Authorities, and the consent of Lessor. Lessor shall join in the <br />application for such permits or authorizations whenever such action is necessary or helpful and is <br />requested by Lessee, and shall use Lessor's reasonable efforts to obtain such permits or <br />authorization; and <br />(d) Any Alterations shall be performed in good, skillful and professional <br />manner and in compliance with all applicable Legal Requirements and all applicable Insurance <br />Requirements. <br />(e) Any and all Alterations are consistent with the use of the Leased Premises <br />as authorized under this Ground Lease. <br />Section 9.4 Indemnifications. Except with respect to the indemnifications concerning <br />Hazardous Materials which are addressed in Section 10.2 of this Ground Lease, notwithstanding <br />any other provision of this Ground Lease to the contrary, and in addition to any other indemnities <br />provided in this Ground Lease, to the fullest extent permitted by law, Lessee hereby agrees to <br />indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to Lessor) the <br />Indemnitees from and against any and all Claims, to the extent arising from or relating to <br />Lessee's obligations under this Ground Lease or the construction or operation of the <br />Improvements or any Alterations except to the extent any such Claim arises from the active <br />negligence or willful misconduct of the Indemnitees. In addition and subject to the limitations <br />set forth herein, if any contractor or subcontractor which performed any construction work for <br />Lessee or Lessee's affiliates on the Improvements or Alterations shall assert any claim against <br />Lessor on account of any damage alleged to have been caused by reason of acts of negligence of <br />Lessee or Lessee's affiliates, members, partners, officers, directors, affiliates, agents, employees <br />or construction contractors, Lessee shall defend at its own expense any suit based upon such <br />claim; and if any judgment or claim against Lessor shall be allowed, Lessee shall pay or cause to <br />be paid or satisfied such judgment of claim and pay all costs and expenses in connection <br />therewith to the extent such claim results from the acts of negligence alleged against Lessee. <br />The provisions of this Section 9.4 shall survive the expiration or termination of this Ground <br />Lease. <br /> <br />ARTICLE 10. <br />HAZARDOUS MATERIALS <br />Section 10.1 Hazardous Materials. Lessee shall not knowingly permit the Leased <br />Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, <br />storage, disposal or transportation of Hazardous Materials or otherwise knowingly permit <br />the presence or release of Hazardous Materials in, on, under, about or from the Leased DRAFT
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