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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.
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<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 Indenmitees are indemnified
<br />hereunder, Tenant shall, upon notice fi.om 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 of the Indemnitees without the written consent of Landlord and provided further that
<br />Inderrmitees 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 fi.om 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 attomeys' 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 attomey 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 Tenant, 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.
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