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that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day
<br />period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently
<br />pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from
<br />receipt of written notice; or (ii) by Owner and/or Lessee, if Lessee does not obtain or maintain any license, permit
<br />or other approval necessary for the construction and operation of the Lessee Facilities beyond any applicable
<br />appeals period; or (iii) by Lessee, if Lessee is unable to occupy and utilize the Leased Premises due to an action
<br />of the FCC, including without limitation, a take back of channels or change in frequencies; or (iv) by Lessee, if
<br />any environmental report for the Property reveals the presence of any Hazardous Material after the
<br />Commencement Date; or (v) the tower and/or the equipment is no longer in use for purposes provided herein.
<br />(b) Upon termination of this Agreement at the end of the Full Term or by Lessee at any time prior to
<br />the end of the Full Term, Owner shall advise Lessee, its assigns and subleases, of its desire to own or not own the
<br />tower and demand that it be removed by the Lessee, its assigns or sublessees. Upon termination of this Agreement
<br />by Owner at any time prior to the end of the Full Term, the Lessee shall determine whether it will remove the
<br />tower. If Lessee removes the Lessee Equipment, it will be at Lessee's sole expense, and Lessee shall repair any
<br />damage to the Leased Premises caused by such removal, 12 months after the expiration or earlier termination of
<br />this Agreement, unless otherwise agreed to by the parties hereto in writing. In the event Lessee does not cause
<br />such repairs within the time period provided in this Paragraph, Owner will give Lessee written notice of such
<br />failure and, if Lessee thereafter fails to make such repairs within 12 months then the personal property remaining
<br />on Leased Premises shall be deemed the property of Owner, and removed at Lessee's expense.
<br />11. Liability and Indemnity.
<br />(a) Subject to the limits provided in section 768.28, Fla. Stat. and except for losses which arise out
<br />of or are due to the acts or omissions of the other party, Owner and Lessee shall each indemnify, defend and hold
<br />Owner harmless the other party from and against ail claims, losses, liabilities, damages, costs, and expenses
<br />(including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the
<br />negligence or willful misconduct of indemnifying party or its agents, employees, contractors or subcontractors in
<br />or about the Property. The duties described in this Paragraph 11 shall apply as of the Effective Date of this
<br />Agreement and survive the termination of this Agreement.
<br />(b) Subject to the limits provided in section 768.28, Fla. Stat., Lessee, at its sole expense, shall defend
<br />Owner in any third -party action against Owner arising out of the terms and conditions of this Agreement that
<br />Lessee is required to perform or observe except for losses which arise out of or are due to the acts or omissions of
<br />Owner.
<br />12. Hazardous Substances.
<br />(a) As of the Effective Date of this Agreement: (1) Lessee hereby represents and warrants that it shall
<br />not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property
<br />in violation of any Environmental Law (as defined below), and (2) Owner hereby represents to the best of its
<br />knowledge, (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
<br />affecting the Property in violation of any Environmental Law; (ii) no notice has been received by or on behalf of
<br />Owner from, and Owner has no knowledge that notice has been given to any predecessor owner or operator of the
<br />Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance
<br />with any Environmental Law for any environmental damage (or the presence of any Hazardous Material) in, on,
<br />under, upon or affecting the Property; and (iii) it will not permit itself or any third -party to use, generate, handle,
<br />store or dispose of any Hazardous Material in, on, under, upon, or affecting the Property in violation of any
<br />Environmental Law.
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