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entity fifty-one (51%) or more of the ownership of which is owned, directly or indirectly, by <br />such entity. A Subsidiary of an entity is any entity eighty percent (80%) or more of the <br />ownership of which is owned by such entity. <br />C. TENANT shall be released from any and all liabilities under this Lease which arise <br />after the effective date of any assignment of this Lease by TENANT No consent by Owner to <br />any assignment or sublease by TENANT shall relieve TENANT of any obligation to be <br />performed by TENANT under this lease arising before the assignment or sublease. The <br />consent by OWNER to any assignment or sublease shall not relieve TENANT from the <br />obligation to obtain OWNER's express written consent to any other assignment or <br />sublease. <br />D. Any sale or other transfer, including by consolidation, merger or reorganization, of a <br />majority of the voting stock of TENANT, if TENANT is a corporation, or any sale or other <br />transfer of a majority in interest (whether of profits, losses, capital or voting power) or a <br />majority of the persons comprising the managers of the partnership, if TENANT is a <br />partnership, shall not be an assignment for purposes of this Paragraph 7. <br />8. FIRE OR OTHER CASUALTY <br />A. If the Tower, or access to it, is damaged or destroyed by a casualty covered by the <br />insurance carried by OWNER, it shall be OWNER's option whether or not to commence <br />appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense). <br />If OWNER decides to repair the Tower, this Lease shall continue in full force and effect. If, <br />however, the Tower is damaged to the extent that OWNER decides not to repair it, OWNER <br />shall deliver written notice to TENANT, within thirty (30) days after the casualty, of OWNER's <br />election not to repair, restore and/or reconstruct the TOWER but to designate a site on which <br />TENANT may relocate in accordance with Paragraph 8.0 below. If, as a result of any such <br />casualty, any portion of the Leased Site becomes totally or partially unusable by TENANT, <br />rent shall abate during the period of repair in the same proportion to the total rent as the <br />portion of the Leased Site rendered unusable bears to the entirety of the Leased Site. <br />B. If OWNER (i) undertakes the repair, restoration and/or reconstruction of the Tower or <br />of any access thereto but fails to complete such repair, restoration and/or reconstruction <br />within forty-five (45) days after the casualty, (ii) notifies TENANT of OWNER's intention not to <br />repair restore and/or reconstruct the Tower, or (iii) fails to deliver to TENANT the written <br />notice required under Paragraph 8.Awithin thirty (30) days, then TENANT may <br />immediately cancel this Lease by giving written notice of its election to cancel to OWNER. <br />C. OWNER agrees that during any period of repair, restoration and/or reconstruction, <br />OWNER will exercise its best efforts to designate a site TENANT may use, provided such site <br />is available. The exact site to which TENANT may relocate will be determined by OWNER, <br />and it may be upon any portion of OWNER's Property (or other property owned or controlled <br />by OWNER), provided that TENANT reasonably approves the site as equally suitable for TENANT' <br />s intended uses. <br />9. INDEMNIFICATION AND INSURANCE <br />A. TENANT HEREBY AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS <br />81 Page <br />