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releases shall apply between the Parties and they shall also apply to any claims under or through <br /> either Party as a result of any asserted right of subrogation. All such policies of insurance <br /> obtained by either Party concerning the Premises or the Property shall waive the insurer's right <br /> of subrogation against the other Party. <br /> b. LESSOR and LESSEE each agree that at its own cost and expense, each <br /> will maintain commercial general liability insurance with limits not less than $1,000,000 for <br /> injury to or death of one or more persons in any one occurrence and $500,000 for damage or <br /> destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will <br /> include the other Party as an additional insured. <br /> c. In addition, LESSOR shall obtain and keep in force during the Term a <br /> policy or policies insuring against loss or damage to the Tower at full replacement cost, as the <br /> same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies <br /> shall insure against all risks of direct physical loss or damage (except the perils of flood and <br /> earthquake unless required by a lender or included in the base premium), including coverage for <br /> any additional costs resulting from debris removal and reasonable amounts of coverage for the <br /> enforcement of any ordinance or law regulating the reconstruction or replacement of any <br /> undamaged sections of the Tower required to be demolished or removed by reason of the <br /> enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but <br /> not including plate glass insurance. <br /> d. Nothing in this Agreement shall be deemed a waiver in any respect by <br /> LESSOR of any liability limitation contained in Chapter 466 of Minnesota Statutes. <br /> 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to <br /> paragraphs 9 and 31, neither Party shall be liable to the other, or any of their respective agents, <br /> representatives, employees for any lost revenue, lost profits, loss of technology, rights or <br /> services, incidental, punitive, indirect, special or consequential damages, loss of data, or <br /> interruption or loss of use of service, even if advised of the possibility of such damages, whether <br /> under theory of contract, tort(including negligence), strict liability or otherwise. <br /> 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained <br /> herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, <br /> LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the <br /> Commencement Date provided that three (3)months prior notice is given to LESSOR. <br /> 13. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the <br /> Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR <br /> shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to <br /> this site and Tower location. It is agreed, however, that only authorized engineers, employees or <br /> properly authorized contractors of LESSEE or persons under their direct supervision will be <br /> permitted to enter said premises. <br /> 14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good <br /> repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also <br /> comply with all rules and regulations enforced by the Federal Communications Commission with <br /> MINC Rosey <br /> Tower Lease Agreement 6 <br /> 2201205v6 <br />