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B. LESSOR'a Indemnity. LESSOR shall indemnify, defend and
<br /> hold LESSEE, its officers, employees, successors and assigns harmless from and against
<br /> any and all loss, cost, claim, liability ("Claims' occurring on the Premises and arising
<br /> out of or connected with the negligence or willful misconduct of LESSOR, its officers,
<br /> agents, employees, or contractors, including, but not limited to City Business as defined
<br /> in Section 17 below, except for Claims azising out of (i) the negligence or willful
<br /> misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of
<br /> law by LESSER, its officers, agents, employees, or contractors; (iii) the breach of any
<br /> duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the
<br /> Premises which LESSOR has no obligation to repair or maintain.
<br /> 12. INSURANCE.
<br /> A. In accordance with the provisions of Section 3300 of the Labor
<br /> Code, if LESSEE has any employees it is required to be insured against liability for
<br /> worker's compensation or to undertake self-insurance. Prior to commencing
<br /> performance of this Agreement, LESSEE agrees to obtain and maintain employer's
<br /> liability insurance with limits not less than $1,000,000 per accident. if LESSEE has no
<br /> employees, nor workers' compensation coverage, it must execute a Declaration available
<br /> from LESSOR, and update as is necessary.
<br /> B. LF.SSF,E shall obtain, at its sole cost, a policy or policies of
<br /> commercial general liability insurance, or equivalent form, with a combined single limit
<br /> of not Icss than $1,000,000 per occurrence.
<br /> Such insurance shall: (I) name LESSOR, its officers, agents,
<br /> representatives, employees and volunteers as additional insureds (see sample Exhibit C);
<br /> (2) be primary with respect to insurance or self-insurance programs maintained by
<br /> LESSOR, except claims resulting from LESSOR's sole negligence or misconduct
<br /> (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt
<br /> and timely nofice of claim made or suit instituted arising out of LESSEE'S operations
<br /> hereunder.
<br /> LESSEE sha1L• (a) prior to exercising any right under this Agreement,
<br /> furnish properly executed certificates of insurance and additional insured endorsement to
<br /> LESSOR which shall clearly evidence all coverages required above; (b) provide that such
<br /> insurance shall not have its required limits reduced or terminated except on thirty (30)
<br /> days prior written notice to LESSOR; (c) maintain such insurance for the period covered
<br /> by this Agreement; and (d) replace such certificates for policies expiring prior to the
<br /> expiration of this Agreement.
<br /> 13. [N7' RF REN E. LESSEE'S Facilities shall not disturb the
<br /> communications configurations, equipment, and frequency, which exist on the Property
<br /> on the date this Agreement is fWly executed ("Pre-Existing Communications', or public
<br /> safety communication operations, as may be upgraded periodically, and LESSEE'S
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<br /> T-MOa1LE
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<br /> AIVERVIGW PARK
<br /> 25F-7
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