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<br />maintenance, condition, or use of the Premises or Tenant's Antennae Facilities or Tenant's <br />failure to comply with any federal, state, or local statute, ordinance, or regulation. <br /> <br />d. Defense of Indemnitees: In the event any action or proceeding shall be brought <br />against the Indemnitees by reason of any matter for which the Indemnitees are indemnified <br />hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and <br />expense, resist and defend the same with legal counsel mutually selected by Tenant and <br />Landlord; provided however, that Tenant shall not admit liability in any such matter on <br />behalf ofthe Indemnitees without the written consent of Landlord and provided further that <br />Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any <br />claim for which they are indemnified hereunder, without the prior written consent of Tenant. <br /> <br />e. Notice. Cooperation. and Expenses: Landlord shall give Tenant prompt notice of the <br />making of any claim or the commencement of any action, suit, or other proceeding covered <br />by the provisions of the preceding paragraph. Nothing herein shall be deemed to prevent <br />Landlord from cooperating with Tenant and participating in the defense of any litigation by <br />Landlord's own counsel. Tenant shall pay all expenses incurred by Landlord in response to <br />any such actions, suits, or proceedings. These expenses shall include all out-of-pocket <br />expenses and the actual expenses of Landlord's agents, employees, or expert witnesses, and <br />disbursements and liabilities assumed by Landlord in connection with such suits, actions, or <br />proceedings but shall not include attorneys' fees. <br /> <br />If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses <br />incurred by Landlord in response thereto, including defending itself with regard to any such <br />actions, suits, or proceedings. These expenses shall include all out-of-pocket expenses such <br />as attorney fees and shall also include the costs of any services rendered by the Landlord's <br />attorney, and the actual expenses of Landlord's agents, employees, or expert witnesses, and <br />disbursements and liabilities assumed by Landlord in connection with such suits, actions, or <br />proceedings. <br /> <br />f. Insurance: During the term of the Lease, Tenant shall maintain, or cause to be <br />maintained, in full force and effect and at its sole cost and expense, the following types and <br />limits of insurance: <br /> <br />i. Worker's compensation insurance meeting applicable statutory requirements <br />for any and all employees, agents, contractors, subcontractors, or other individuals <br />who, at the sufferance or approval of Ten ant, are present on the Water Tower at any <br />time and for any purpose. <br /> <br />ii. Comprehensive commercial general liability insurance with minimum limits <br />of One Million Dollars ($1,000,000.00) with the Colony Insurance Company. <br />Landlord shall be designated as a named insured with regard to the coverage as it <br />applies to the activities on the Water Tower. In the event that Tenant makes any <br />changes in its insurance policy, it shall immediately notify Landlord of such changes. <br /> <br />Page 10 of 18 <br />