2020/09/23 Council Agenda Packet

legal expenses or other costs to enforce the provisions of this Lease, all such ees, expenses and costs shall be recoverable from the Lessee. 15. LIABILITY INSURANCE: The Lessee shall procure and keep in force during the term of this Lease, at Lessee's own cost and expense, commercial general liability (CGL) insurance written on a standard ISO version policy form, or its equivalent, with a company who is rated at least "A" or better and with a numerical rating of no less that 7 by A.M. Best Company and which is acceptable to the Lessor. Said CGL insurance shall be on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate including, but not limited to, premises -operations liability, blanket contractual liability and broad form property damage. 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 net, 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. TERNIINATION: 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 self4egulatory 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. Page 11 of 22