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not less than thirty (30) days prior written notice, after the expiration of the cure period described above, and <br /> Tenant fails to cure or commence the cure of such Default within the second thirty (30) day notice period; and <br /> (c) Landlord lacks any other adequate legal or equitable right or remedy. <br /> 13. Taxes. Landlord shall pay when due all real estate taxes and assessments for the Property, <br /> including the Premises. Notwithstanding the foregoing, Tenant shall reimburse Landlord for any personal <br /> property tax paid for by Landlord which is solely and directly attributable to the presence or installation of <br /> Tenant's Antenna Facilities during the Term. Landlord shall provide prompt and timely notice of any tax or <br /> assessment for which Tenant is liable. Tenant shall have the right to challenge any tax or assessment and <br /> Landlord shall cooperate with Tenant regarding such challenge. <br /> 14. Insurance and Subrogation and Indemnification. <br /> a) During the Term, Tenant and Landlord each shall maintain Commercial General Liability <br /> Insurance in amounts of One Million and no/100 Dollars ($1,000,000.00) per occurrence and Two Million and <br /> no/100 Dollars ($2,000,000.00) aggregate. Each party may satisfy this requirement by obtaining the <br /> appropriate endorsement to any master insurance policy such party may maintain. Tenant and Landlord shall <br /> each maintain "all risk" or "special causes of loss" property insurance on a replacement cost basis for their <br /> respectively owned real or personal property. <br /> b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) <br /> from liability and waive all right of recovery against the other for any loss or damage covered by their <br /> respective first party property insurance policies for all perils insured thereunder. In the event of an insured <br /> loss, neither party's insurance company shall have a subrogated claim against the other party. <br /> c) Subject to the property insurance waivers set forth in the preceding subsection (b), and to <br /> the extent permitted by law, Landlord and Tenant each agree to indemnify and hold harmless the other party <br /> from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands <br /> and liabilities, including reasonable attorneys' fees, to the extent caused by or arising out of: (i) any negligent <br /> acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying <br /> party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, (ii) <br /> any spill or other release of any Hazardous Substances (as defined below) on the Property by the indemnifying <br /> party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, or (iii) <br /> any breach of any obligation of the indemnifying party under this Agreement. The indemnifying party's <br /> obligations under this subsection are contingent upon its receiving prompt written notice of any event giving <br /> rise to an obligation to indemnify the other party and the indemnified party's granting it the right to control <br /> the defense and settlement of the same. <br /> d) Tenant shall not be responsible or liable to Landlord or any third party for any claims, <br /> damages, costs, expenses, including liens, fines, penalties or other enforcement actions, attributable to any <br /> pre-existing violations of applicable laws, codes, ordinances or other regulations relating to the Property <br /> (collectively, "Pre-Existing Violations"). To the extent Tenant is or may be required to cure such Pre-Existing <br /> Violations in order to obtain any Governmental Approvals for its Permitted Uses of the Premises, however, <br /> Tenant shall have the right, but not the obligation, to cure such Pre-Existing Violations and deduct the curative <br /> costs from Rent payable under this Agreement. <br /> e) The provisions of subsections (b) and (c) above shall survive the expiration or termination of <br /> this Agreement. <br /> Site Number: 5CT0156A -4- Site Lease—version 6.26.14 <br /> Site Name: Kannapolis <br /> Market: Carolinas Attachment number 1 \n <br /> G-5 Page 213 <br />