1999 036 Ordinance - Laserfiche WebLink

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(a) If there occurs a Taking of all or a Substantial Portion of any Site, other than a Taking for temporary use, then this Agreement shall automatically terminate as to such Site unless otherwise agreed by the Parties, and the Tenn shall automatically expire as to such Site, on the Date of Taking, as if such date were the Site Expiration Date as to such Site, and all Rent, Site Maintenance Chazges and other sums payable by TowerCo and such Sublessor in respect of such Site shall be apportioned: and paid through and including the Date of Taking. (b) If there occurs a Taking of less than a Substantial Portion of any Site, then this Agreement and all duties and obligations of TowerCo under this Agreement in respect of such Site shall remain unmodified, unaffected and in full force and effect; rovid however. that the Rent and Site Maintenance Charges in respect of such Site payable after the Taking shall be reduced to an amount which bears the same ratio to the Rent and Site Maintenance Charges payable immediately prior to the Taking as the rental value of the Subleased Property or Reserved Space, as applicable of such Site after taking bears to the rental value of the Subleased Property or Reserved• Spacer, as •applicable of~that Site immediately prior to the Taking. TowerCo shall promptly proceed to reconstruct, restore and repair the remaining portion of the Subleased Property of such Site (to the extent feasible) to a condition substantially equivalent to the condition thereof prior to the Taking. TowerCo shall be entitled to apply the Award received by TowerCo and Sublessor (except for any Award which relates to Sublessors Communication Equipment, interruption of Sublessors business, and/or costs of relocation) to the reconstruction, Restoration and repair of any Subleased Property of any Site from time to time as such work progresses. If the cost of the repair work exceeds the Award recovered by TowerCo, TowerCo shall pay the excess cost. (c) If there occurs a Taking of any Subleased Property of any Site or any portion thereof, for temporary use, then this Agreement shall remain in full force and effect as to such Site for the remainder of the then current term; provided, however. that during such time as TowerCo shall be out of possession of such Subleased Property by reason of such Taking, the failure to keep, observe, perform, satisfy and comply with those terms and conditions of this Agreement, compliance with which are effectively impractical or impossible as a result of TowerCo's being out of possession of such Subleased Property (and which shall not include payment of Rent), shall not be an event of default hereunder. The Awazd for any such temporary Taking payable for any period prior to the Site Expiration Date shall be paid to TowerCo and, for any period thereafter, to AirTouch. 21. WAIVER OF SUBROGATION; INDEMNITY. (a) Each party and their insurers hereby releases the other and the others partners, Affiliates, agents and employees from liability or responsibility for and to the extent any loss or damage resulting from any cause or hazard for which incnrance is required to be carried pursuant to this Agreement, including any loss or damage resulting from any loss of the use of any property. These releases shall apply between the parties and heir insurers and they shall also apply to any claims or injuries to employees covered by workers compensation insurance under orthmugh either party as a result of any asserted right of subrogation: (b) Subject to the provisions of Section 21(a) above, TowerCo agrees to indemnify, defend and to hold each AirTouch Indemnitee harmless on an after-Tax basis from any and all Claims (other than Excluded Claims and, with respect to clauses (i) through (vi) below, breaches of representations, warranties and covenants contained in Section 23 hereof) suffered or incurred by such AirTouch Indemnitee by reason of, or arising out of the following: (i) any default, breach, performance or nonperformance by TowerCo of its respective obligations and covenants under this Agreement; (ii) any Claims arising out of or resulting from (A) TowerCo's use, operation, maintenance or occupancy of any part of the Site or the condition of the Site or (B) any Space Subtenant's use, operation, maintenance or occupancy of its Communications Facility; (iii) any failure of TowerCo to comply with any applicable T ~._~~ nr .arid. the .i;rPrt;..PC „f rhP F('C' >: e e nr ~n=~ nthPr C:n=~arnmantal Anthnrity that Tn==.o'f`n io