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FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES AND CLAIMS <br />ARISING FROM ANY ACT OR OMISSION OF TENANT OR FROM ANY ACTIVITY, WORK <br />OR PRESENCE OF TENANT ON THE LEASED SITE, AND SHALL FURTHER INDEMNIFY <br />AND HOLD HARMLESS OWNER AGAINST AND FROM ANY AND ALL LOSSES, COSTS, <br />DAMAGES AND CLAIMS TO THE EXTENT THAT THEY ARISE FROM ANY BREACH OR <br />DEFAULT BY TENANT OR ANY OF ITS AGENTS, CONTRACTORS, SERVANTS, <br />INVITEES OR EMPLOYEES IN THE PERFORMANCE OF ANY OBLIGATION UNDER THIS <br />LEASE; AND SHALL FURTHER INDEMNIFY AND HOLD OWNER HARMLESS FROM <br />AND AGAINST ALL LOSSES, COSTS, DAMAGES, CLAIMS AND ATTORNEYS' FEES, <br />EXPENSES AND LIABILITIES INCURRED OR PAID IN CONNECTION WITH ANY SUCH <br />CLAIM OR ANY ACTION OR PROCEEDING BROUGHT AGAINST OWNER BY REASON <br />OF TENANT'S USE OF THE LEASED SITE, WHETHER DURING THE INSTALLATION OF <br />THE ANTENNA FACILITIES AND EQUIPMENT, OR THE OPERATION AND/OR <br />MAINTENANCE OF SUCH. SPECIFICALLY, TENANT AGREES TO INDEMNIFY AND <br />HOLD OWNER HARMLESS FROM ANY ALL CLAIMS BY ANY OTHER TENANT OF THE <br />LEASED SITE THAT SAID OTHER TENANT'S USE OF THE TOWER IS BEING <br />INTERFERED WITH OR HINDERED IN ANY MANNER BY TENANT. <br />NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, THE <br />INDEMNITIES PROVIDED BY TENANT SHALL IN NO EVENT EXTEND OR APPLY TO <br />ANY CLAIMS, COSTS, EXPENSES, LOSSES, CAUSES OF ACTION OR LIABILITIES <br />CAUSED BY OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF <br />OWNER, ITS EMPLOYEES, AGENTS OR CONTRACTORS. <br />Neither OWNER nor its agents shall be liable for any incidental or consequential damages or <br />for any damage to property entrusted to employees of TENANT, nor for loss of or damage to <br />any property by theft or otherwise, nor for any injury or damage to persons or property <br />resulting from fire, explosion, falling pipes, appliances, or plumbing work therein, nor from the <br />roof, street, or subsurface, nor from any other place or resulting from dampness, nor from any <br />other cause whatsoever, unless caused by or due to the gross negligence of OWNER, its <br />agents, servants or employees, to the extent allowed by law. TENANT shall give prompt <br />notice to OWNER in case of fire or accidents at the Leased Site or of defects therein or in the <br />fixtures or equipment. <br />B. TENANT shall provide OWNER with a certificate of insurance issued by an insurance <br />company authorized to do business in Texas indicating that TENANT carries commercial <br />general liability insurance with limits of liability thereunder of not less than $1 million <br />($1,000,000.00) combined single limit for bodily injury and/or property damage together with <br />an endorsement for contractual liability. Such insurance shall name OWNER as an additional <br />insured with respect to matters arising out of TENANT' s use of and operations at the Leased <br />Site. TENANT will provide OWNER with a renewal certificate annually during the Initial Term <br />and any Renewal Terms thereof. Any insurance required to be provided by TENANT under <br />this Paragraph 9 may be provided by a blanket insurance policy covering the Leased Site and <br />other locations of TENANT, provided such blanket insurance policy complies with all of the <br />other requirements of this Lease with respect to the type and amount of insurance required. <br />TENANT may also fulfill its requirements under this Paragraph 9 through a program of self- <br />insurance. If TENANT elects to self -insure, then TENANT shall furnish OWNER with a letter <br />stating that there is a self-insurance program in effect that provides for the same, or greater, <br />coverage than required of TENANT herein. <br />C. All insurance policies maintained pursuant to this Lease shall be endorsed to provide <br />91 Page <br />