DISH Wireless L.L.C. 12/11/2023 - Laserfiche WebLink

c. WAIVER OF SUBROGATION. To the fullest extent permitted by law, Lessee and Lessee's insurers hereby waive any right of recovery against the Lessor for any loss or damage sustained by Lessee with respect to the Premises, in whole or in part, the contents on, under, above or within the Premises or any operation therein, whether such loss is caused by the Lessor's fault or negligence or not, and to the extent such loss or damage is covered by insurance obtained by Lessee under this Lease or is actually covered by insurance obtained by Lessee. Lessee agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all required insurance policies relating to the Premises, but the failure to obtain any such endorsement will not affect the waivers in this Section. 19. DEFAULT AND REMEDIES. a. DEFAULT. The non-defaulting Party may elect one or more of the remedies set forth below in Section 19(b)below or seek any other remedy available at law or equity if any of the following events occur during the Term(each a"Default"): (i)Lessee's failure to make any payment required under this Lease when due and such failure continues for fifteen(15) days after receipt of written notice from the Lessor of such failure to pay; or(ii) failure by either Party to observe or perform any non-monetary term, provision, covenant or obligation under this Lease and such failure continues for thirty (30) days after receipt of written notice from the non-defaulting Party. Neither Lessee's payment nor Lessor's acceptance of any Rent or any other sums due to Lessor under this Lease during any such default will be deemed to cure any such non-monetary default, waive Lessor's right to demand material compliance with such obligation, term, covenant or condition or be deemed to be an accord and satisfaction for any claim Lessor may have for further or additional sums. b. REMEDIES. Upon the occurrence of any uncured Default, the non-defaulting Party may thereafter terminate this Lease immediately upon written notice to the other Party without prejudice to any other remedies the non-defaulting Party may have at law or in equity. Upon termination, Lessee shall comply with the requirements of Section 21 (Removal and Restoration) in this Lease. 20. TERMINATION AND EARLY TERMINATION FEE. In addition to any other termination rights specified herein, this Lease may be terminated as follows: a. by either Party on thirty(30)days prior written notice, if the other Party remains in Default under Section 19 (Default and Remedies) of this Lease after the applicable cure periods have expired; b. by Lessee, in its sole and absolute discretion, at any time during the Term upon ninety(90) days prior written notice to Lessor, so long as Lessee accompanies its written notice with an early termination fee equal to the lesser of: (a) eighteen (18) months' of the Rent at the then-current rate, or (b) the balance of the remaining Rent for the then-current Term ("Early Termination Fee").