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Poysippi
<br /> proportionate share of the taxes shall be computed by multiplying the taxes by a fraction, the numerator of which shall be the
<br /> number one and the denominator of which shall be the average annual number of communications carriers with installed
<br /> equipment on the Tower. If at any time during the term of this lease, the present method of taxation shall be changed so that in
<br /> lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on this Agreement, the
<br /> Tower or real estate and the improvements thereon,there shall be levied,assessed or imposed on Owner a capital levy or other tax
<br /> directly on the rents received therefrom and/or a franchise tax,assessment, levy or charge measured by or based, in whole or in
<br /> part, upon such rents, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be
<br /> deemed to be included within the term"taxes"for the purpose hereof.
<br /> 13. Liability Insurance. During the Initial Term and all Renewal Terms of this Agreement, Owner and Operator shall
<br /> each maintain, at its own expense, insurance coverage claims for public liability, personal injury, death and property damage
<br /> under a policy of general liability insurance, with limits of not less than $1,000,000.00 per person and S2,000,000.00 per
<br /> occurrence, and property damage insurance of not less than$500,000.00,or provide umbrella coverage in amounts sufficient to
<br /> replace to foregoing limits. Such insurance shall insure against liabilities arising out of or in connection with Owner and
<br /> Operator's use or occupancy of the Premises and the Tower subject to the standard exceptions found in commercial general
<br /> liability insurance policies.
<br /> 14. Condemnation. If a condemning authority takes,or acquires by deed in lieu of condemnation,all of the Premises,or
<br /> a portion sufficient to render the Premises or the Tower, in the opinion of Operator, unsuitable for the use which Operator was
<br /> then making of the Premises or that Tower,Operator may terminate this Agreement effective as of the date the title vests in the
<br /> condemning authority. Owner and Operator shall share in the condemnation proceeds in proportion to the values of their
<br /> respective interests in the Premises(which for Operator shall include,where applicable,reasonable moving expenses and prepaid
<br /> fees).
<br /> 15. Environmental Matters.
<br /> (a) Owner represents that, to the best of Owner's knowledge, no Hazardous Materials are presently located on the
<br /> Premises or Easement,and Owner agrees that it will provide,at no cost or expense to Operator,for the removal of any Hazardous
<br /> Materials if Hazardous Materials are brought onto the Premises or Easement by Owner,its agents,servants,employees,licensees,
<br /> invitees or contractors. As used in this Agreement, "Hazardous Materials" shall mean any and all contaminants, oils, asbestos,
<br /> radon, PCB's, hazardous substances or wastes as defined by federal, state or local environmental laws, regulations or
<br /> administrative orders or other materials the removal of which is required or the maintenance of which is prohibited,regulated or
<br /> penalized by any federal, state or local government authority. If after Operator takes possession of the Premises Hazardous
<br /> Materials are discovered to exist on, under or beneath the Premises,Operator may terminate this Agreement and Operator shall
<br /> owe no further duties,obligations or liability to Owner.
<br /> (b) Operator shall comply with all laws, ordinances, rules, orders or regulations applicable to Hazardous Materials.
<br /> Operator shall not use the Premises or the Easement for treatment,storage,transportation to or from,use or disposal of Hazardous
<br /> Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the
<br /> Equipment). Operator shall be responsible for any expense incident to the abatement or compliance with the requirements of any
<br /> federal, state or local statutory or regulatory requirements caused, directly or indirectly, by the activities of the Operator or
<br /> Operator's agents,employees or contractors.
<br /> 16. Hold Harmless.
<br /> (a) $y Owner. Owner agrees to defend, indemnify and hold Operator and its affiliates or subsidiary companies, their
<br /> officers, agents and employees harmless from and against any and all, costs, charges, expenses, losses, claims, actions, suits,
<br /> causes of action,judgments and charges of every kind and nature whatsoever,including reasonable attorney's fees,which in any
<br /> manner arise out of or relate to Owner's use or occupancy of the Premises, or from Owner's performance or failure to perform
<br /> under this agreement of from any negligence or intentional misconduct by Owner,its subcontractors,agents,servants,employees
<br /> or any or all of the, or from any defect in the title to the Premises, or from the presence of any Hazardous Materials on the
<br /> Premises prior to the Commencement Date, or thereafter if brought onto the Premises by Owner or Owner's agents,employees,
<br /> licensees,invitees or contractors.
<br /> (b) By Operator. Operator agrees to defend, indemnify and holder Owner and its Affiliates or subsidiary companies,
<br /> their officers, , agents and employees harmless from and against any and all costs, damages, expenses, losses, claims, actions,
<br /> suits, causes of action,judgment, and charges of every kind and nature whatsoever, including reasonable attorney's fees, which
<br /> may in any manner arise out of or relate to Operator's use of the Equipment or Premises or the performance or non-performance
<br /> of this Agreement by Operator, Operator's subcontractor's, employees, agent,or assigns, including without limitation, those that
<br /> may arise out of the use or furnishing of materials, and as to such claims, actions or causes of action arising from or resulting
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