RCA Telecom LLC 8/28/2020 - Laserfiche WebLink

Prior to the commencement of this Lease,the Lessee agrees to supply the Lessor with a Certificate of Insurance establishing: a) that its insurance obligation as herein provided have been met, b) that the City of Everett, its officers,employees and agents are named as"Additional Insureds"with respect to this Lease, and c) that said liability insurance shall apply as primary insurance on behalf of such Additional Insureds.The Lessee shall promptly provide Lessor with an updated Certificate of Insurance upon Lessor's written request. If the Lessee is self-insured, Lessee shall provide Lessor with a Certificate of Self-Insurance acceptable to Lessor and that complies with the above policy requirements. The Lessor reserves the right to require reasonable increases in the limits of coverage from time to time during the term of this Lease. 16. TERMINATION:This Section is in addition to any other provision of this Lease authorizing or otherwise relating to early termination of said Lease. A. Termination of Lease for Failure to Receive Governmental and Jurisdictional Approvals: Lessee may terminate this Lease upon written notice to Lessor in the event Lessee is not able to timely obtain (or is denied) any Governmental and Jurisdiction Approvals required by Lessee to make its contemplated and intended use of the Site commercially viable, as determined by Lessee in its sole discretion. Governmental and Jurisdictional Approvals shall include, without limitation, any or all governmental, regulatory, or self-regulatory licenses (including FCC broadcast licenses), permits (construction, building, special use, administrative, etc.), and approvals of any other necessary applications, exceptions, variances, or exemptions. Lessee represents it will diligently apply for such Governmental and Jurisdictional Approvals,and Lessor agrees to reasonably cooperate with Lessee in any application for Governmental and Jurisdictional Approvals (reasonable costs incurred to be reimbursed by Lessee except to the extent the applicable Governmental and Jurisdictional Approval is to be issued by Lessor). In the event any Governmental and Jurisdictional Approval is preliminarily or initially denied, Lessee shall have the right but not the obligation to appeal such denial to a final decision that is not subject to any further appeal. B. Termination of Lease Without Cause: Lessor may terminate this Lease upon three hundred sixty (360) days written notice to Lessee. Following the lapse of the three hundred sixty (360) days-notice period, Lessor may re-enter and occupy the Site. C. Damage or Destruction: Upon destruction, partial destruction or inability to use the Site for its intended purpose, Lessor is under no obligation to reconstruct or repair said Site and either Lessor or Lessee may terminate this Lease. D. Lessee's Insolvency: Lessor may terminate this Lease upon Lessee's insolvency if Lessee is the subject of an involuntary bankruptcy proceeding or commences a voluntary or involuntary bankruptcy proceeding or makes an assignment for the benefit of creditors or if a receiver or other liquidating officer is appointed for Lessee. E. Lessee's Breach: i. Lessor may terminate this Lease upon thirty(30)days' prior written notice to Lessee of intent to terminate on the first or second or third occurrence of Lessee's failure to pay rent or additional Page 10 of 16