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<br />SITE NAME: Louisville Reaeatlona1 Center
<br />SITE NUMBER: CO- DENIIIJ
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<br />authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing,
<br />maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant
<br />determines that the Premises are not appropriate for its operations for economic, environmental or technological
<br />reasons, including without limitation, signal strength, coverage or interference, or (ill) or Tenant otherwise
<br />determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose.
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<br />10.4 Landlord shall have the right to require relocation of all or a portion of the Tenant
<br />Facilities in the event Landlord in its sole discretion determines to redevelop or expand all or a portion of its
<br />Property or improvements located thereon. Landlord shall give Tenant at least one year advance notice of any
<br />required relocation, and Tenant shan thereafter relocate the Tenant Facilities within the time period designated by
<br />Landlord at Tenant's sole expense. Landlord and Tenant shall cooperate with respect to any such relocation. Tenant
<br />shall have the right to operate a temporary cellular site on wheels ("COW"), at a location mutually acceptable to
<br />Landlord and Tenant, should one be re~lSonably necessary and appropriate. Landlord shall endeavor to provide
<br />alternative premises on the Property that is mutually satisfactory to both parties. Rent shall abate during any required
<br />relocation period where Tenant is unable to operate its Tenant Facilities as provided for under this Agreement.
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<br />11. Destruction or Condenmation. If the Premises or Tenant Facilities are damaged, destroyed,
<br />condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date ofthe
<br />damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than
<br />forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
<br />condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
<br />the actual reduction or abatement of use of the Premises.
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<br />12. Insurance: Subrogation: and Indemnity.
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<br />12.1 Tenant, at Tenant's sole expense, shall procure and maintain on the Premises and on
<br />Tenant Facilities bodily injury and property damage insurance with a combined single limit of at least One Million
<br />and No/1 00 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all
<br />liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the Premises, all as
<br />provided for herein. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master
<br />policy of liability insurance Tenant may maintain.
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<br />12.2 Landlord, at Landlord's sole cost and expense, shall procure and maintain bodily injury
<br />and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars
<br />($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of
<br />Landlord, its employees and agents arising out of or in connections with landlord's use, occupancy and maintenance
<br />of the Property. Within thirty (30) days following the Effective Date, each party shall provide the other with a
<br />certificate of insurance evidencing the coverage required by Paragraphs 12.1 and 12.2, except that Tenant shall
<br />provide such certificate prior to commencement of any work on the Premises.
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<br />12.3 Tenant shall also procure and maintain, and shall cause each subcontractor of the Tenant
<br />to procure and maintain, the minimum insurance coverages listed below:
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<br />(a) Workers' Compensation insurance as required by the Labor Code of the State of
<br />Colorado and Employers Liability Insurance. Evidence of qualified self-insured status may be substituted.
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<br />(b) Comprehensive Automobile Liability insurance with minimum combined single
<br />limits for bodily injury and property damage of not less than ONE HUNDRED FIFTY THOUSAND DOLLARS
<br />($150,000.00) per person in anyone occurrence, and SIX HUNDRED THOUSAND DOLLARS ($600,000.00) per
<br />two or more persons in anyone occurrence, and auto property damage insurance of at least FIFTY THOUSAND
<br />DOLLARS ($50,000.00) per occurrence, with respect to each owned, hired or non-owned vehicles assigned to or
<br />used in connection with Tenant's rights 01' obligations of this Agreement.
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<br />12.4 The policies fl:quired of Tenant above, except for the Workers' Compensation insurance,
<br />shall be endorsed to include the Landlord, and its officers and employees, as additional insureds. All coverages shall
<br />be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Tenant
<br />pursuant to this Lease. In the case of any claims-made policy, the necessary retroactive dates and extended reporting
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<br />CIeaIwn Col1U1llllioation Tower Agreement
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<br />- 6-
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<br />v's.22-06
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