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additional insureds shall contain a severability of interests provision.
<br />(d) Landlord and Tenant release each other and their respective principals, employees, representatives and
<br />agents, from any claims for damage to any person or to the Land or the Premises or to the Tenant Facilities or any other property
<br />thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the
<br />time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance
<br />company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any
<br />policy. Neither Landlord nor Tenant shall be liable to the other for any damage caused by fire or any of the risks insured against
<br />under any insurance policy required by this Section 11.
<br />(e) Tenant agrees to indemnify and hold harmless the Landlord, and its agents and its employees, from and
<br />against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, or
<br />damage, arising out, resulting from, or in any way connected with, Tenant's use and occupancy of the Premises, or with this
<br />Lease or the rights and obligations of the Tenant hereunder, except to the extent such liability, claims, demands, and expenses are
<br />attributable to Landlord's negligence or willful misconduct. The Tenant shall investigate, handle, respond to, and defend against
<br />any such liability, claims, and demands, and bear all other costs and expenses related thereto, including court costs and attorneys'
<br />fees. The parties hereto understand and agree that the City is relying on, and does . not waive or intend to waive by and provision
<br />of this contract, the monetary limitations (presently $100,000 per person and $600,000 per occurrence) or any other rights,
<br />immunities, and protections provided by the Colorado Governmental Immunity Act,24 -10 -101 et. seq., 10 C.R.S., as from time
<br />to time amended, or otherwise available to the City, its agents, or its employees.
<br />12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3)
<br />days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next - business -day
<br />delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to
<br />time designate any other address for this purpose by providing written notice to the other party.
<br />If to Tenant, to:
<br />Voicestream Wireless Corporation
<br />12920 SE 38 Street
<br />Bellevue, WA 98006
<br />Attn: PCS Lease Administrator
<br />With a copy to: Attn: Legal Dept.
<br />If to Landlord, to:
<br />(f) This Section 11 shall survive the termination or expiration of this Lease.
<br />City of Louisville
<br />749 Main Street
<br />Louisville, CO 80027
<br />Attn: Director of Finance
<br />Phone: 303 - 666 -6565
<br />With a copy to:
<br />VoiceStream PCS II Corporation
<br />2323 Delgany Street
<br />Denver, CO 80216
<br />Attn: Lease Administrator
<br />With a copy to:
<br /><Name and Additional Mailing Address>
<br />13. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right,
<br />power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or
<br />mortgages, except those of record as of the Effective Date; and except (and subject to) utility franchises; matters existing or
<br />apparent on the ground; facts or matters which a complete and accurate survey would disclose, and building, zoning, subdivision
<br />and other land use laws, codes, ordinances and regulations and any noncompliance therewith; and (ii) that at all times during the
<br />term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in
<br />default beyond any applicable grace or cure period. Tenant understands that this Lease is subject to existing franchise
<br />agreements that pre -date this Lease and subject to all easements and other interests of record applicable to the Property prior to
<br />the date of this Lease. Tenant shall be solely responsible for coordinating its activities hereunder with the holders of such
<br />franchise agreements or of such easements or other interests of record, and for obtaining any required permission for such
<br />activities from such holders if required by the terms of such franchises or easements or other interests. Landlord shall provide
<br />copies of all such franchise agreements prior to execution of this Lease.
<br />14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste
<br />(collectively, "Hazardous Substance ") on the Property that is identified as hazardous, toxic or dangerous in any applicable
<br />federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance• on the
<br />Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
<br />remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused
<br />Site Number: DNO 6 Version 10 -2 -01
<br />Site Name:
<br />Market: Denver MTA
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