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Section 7(e). Within thirty (30) days of the Term Commencement Date, Tenant agrees to procure on Landlord's behalf, and
<br />maintain in effect throughout the Term and any Renewal Terms, a letter of credit in a form reasonably acceptable to Landlord and
<br />issued by a reputable issuer in the amount of twenty -five thousand dollars ($25,000) ( "Performance Guarantee "), for the sole
<br />purpose of assuring Tenant's faithful performance in the removal of Antenna Facilities as required under Section 7(e) of this
<br />Lease. If Tenant fails to remove the Antenna Facilities within sixty (60) days of the termination or expiration of this Lease,
<br />Landlord shall notify Tenant in writing that Landlord will remove the Antenna Facilities and store the same at Tenant's expense.
<br />Failure by Tenant to remove Antenna Facilities from storage and to reimburse Landlord for any and all reasonable costs actually
<br />incurred in such removal and storage ( "Costs "), within sixty (60) days of removal of the Antenna Facilities, will result in the
<br />Antenna Facilities being deemed abandoned and title of same will vest in Landlord. If Tenant fails to reimburse Landlord for
<br />Costs, Landlord may use the proceeds from the Performance Guarantee for Costs. The Landlord shall have no obligation or
<br />liability to Tenant in connection with any property or fixtures remaining on the Premises at the expiration of such 60 -day period.
<br />The duties of Tenant described in this Section 8 shall survive termination of this Lease.
<br />9. Right of Relocation. Landlord reserves the right, once during the term of this Lease, upon not less than one year
<br />prior notice to Tenant, to relocate Tenant's Antenna Facilities to substitute premises satisfactory to Tenant (the "Substitute
<br />Premises "), provided that such relocation shall•be performed by Tenant and, to the extent practicable, in a manner so as to avoid
<br />any interruption of Tenant's business or any increase in costs of Tenant's business. Tenant shall have the right to operate a
<br />temporary facility on the Property, at a location mutually acceptable to Tenant and Landlord, during the Antenna Facilities'
<br />relocation. Tenant shall timely complete any relocation required under this Section 9. Upon such relocation, the Substitute
<br />Premises shall thereafter constitute the Premises under this Lease. All direct expenses incurred by Tenant on this relocation shall
<br />be paid by Tenant and abated from the Rent until the full cost of the relocation is reimbursed to Tenant. Tenant shall upon
<br />request of Landlord provide an estimate of the expenses to be incurred the proposed relocation. In the event the relocation
<br />requires zoning approval, Landlord shall cooperate with Tenant in obtaining any permits or zoning approvals necessary to
<br />relocate the Antenna Facilities.
<br />10. Taxes. Tenant acknowledges that Landlord's Property and improvements are current exempt from taxation.
<br />Tenant shall pay when due any personal property tax, real property tax or any other tax or fee which are directly attributable to
<br />the presence or installation of the Tenant's Antenna Facilities. If Landlord receives notice of any personal property or real
<br />property tax assessment against the Landlord, which may affect Tenant and is directly attributable to Tenant's installation,
<br />Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such
<br />assessment. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall
<br />execute any and all documents reasonably necessary to effectuate the intent of this Section 10.
<br />11. Insurance and Subrogation and Indemnification.
<br />(a) Tenant, at Tenant's sole cost and expense, 'shall procure and maintain on the Premises and on the Antenna
<br />Facilities, bodily injury 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 Tenant, its employees
<br />and agents arising out of or in connection with Tenant's use of the Premises, all as provided for herein. Landlord, at Landlord's
<br />sole cost and expense, shall procure and maintain on the Premises and its property located thereon, bodily injury and property
<br />damage insurance with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per occurrence. Such
<br />insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in
<br />connection with Landlord's use, occupancy and maintenance of the Land and Landlord's property located thereon. Each party
<br />shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of insurance
<br />evidencing the coverage required by this Section within thirty (30) days following the Effective Date, except Tenant shall provide
<br />such certificate prior to commencement of any work on the Premises.
<br />(b) Tenant shall also procure and maintain, and shall cause each subcontractor of the Tenant to procure and
<br />maintain, the minimum insurance coverages listed below:
<br />(c) All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations
<br />assumed by the Tenant pursuant to this Lease. In the case of any claims -made policy, the necessary retroactive dates and
<br />extended reporting periods shall be procured by the Tenant to maintain such continuous coverage. Coverage with respect to
<br />Site Number: DN0
<br />Site Name:
<br />Market: Denver MTA
<br />1. Workers' Compensation insurance as required by the Labor Code of the State of Colorado and
<br />Employers Liability Insurance. Evidence of qualified self - insured status may be substituted.
<br />2. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury
<br />and property damage of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000) per person
<br />in any one occurrence and THREE HUNDRED THOUSAND DOLLARS ($300,000) per two or more
<br />persons in any one occurrence, and auto property damage insurance of at least FIFTY THOUSAND
<br />DOLLARS ($50,000) per occurrence, with respect to each owned, hired or non -owned vehicles
<br />assigned to or used in connection with Tenant's rights or obligations of this Lease.
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