Res19 15733 - Laserfiche WebLink

Browse Search

resumption of the use of the Facilities and provision of the services contemplated by this License, unless Licensee places temporary transmission and reception facilities on the Property. 10.2 If at any time during the Term of this License all or "substantially all" (as described in the preceding subsection 10.1) of the Premises or the improvements located on the Property shall be taken in the exercise of the power of eminent domain by any governmental or other authority, or by deed in lieu of condemnation, then Licensee may terminate this License by providing written notice to Licensor, which termination shall be effective as of the date of the vesting of title in such taking and any prepaid License Fee shall be apportioned as of said date and reimbursed to Licensee. Licensor and Licensee shall each be entitled to pursue their own separate awards with respect to such taking, but in any event, Licensee's award shall be limited to lost improvements investment, relocation, and loss of business. In the event of any taking of less than all or substantially all of the Premises, this License shall continue and each of Licensor and Licensee shall be entitled to pursue their own separate awards with respect to such taking. 11. TAXES. 11.1 Licensee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Facilities. Licensor shall pay when due all real property taxes and all other fees and assessments attributable to the Premises and the Property. However, Licensee shall pay, as additional License Fee, any increase in real property taxes levied against the Premises (excluding any additional taxes that relate to the period prior to July 29, 2016, i.e., rollback taxes) and all use and occupancy taxes, if any, which is directly attributable to Licensee's use of the Premises, and Licensor agrees to furnish written documentation of such increase to Licensee. 11.2 Licensor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Licensee acknowledges that this License may create a possessory interest and Licensee may be subject to property taxes levied on such interest by the appropriate taxing authority, as described in California Revenue and Taxation Code Section 107. Licensee is required to pay any such tax directly to the appropriate taxing authority. 12. INSURANCE, RELEASE AND HOLD HARMLESS. 12.1 Licensee shall, at Licensee's sole cost and expense, procure and continue in force during the term of this License, including any Renewal Term: 12. 1.1 Workers Compensation insurance at statutory limits, including Employers Liability coverage with limits of $1,000,000 each -occurrence each accident/$1,000,000 by disease each-occurrence/$1,000,000 by disease aggregate; 12.1.2 Commercial General Liability insurance at combined single limits of $3,000,000 per -occurrence and $6,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations($ 1,000,000 products/ completed operations aggregate), contractual liability coverage and XCU (Explosion, Collapse, Underground) hazards. Coverage must be written on an occurrence form. The general aggregate limit must be at least two (2) times the each -occurrence limit; REV: 11-14-18 D2 Page 16 of 35 ATTY/AGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License Agreement 555 California Way