fees and other costs and expenses of litigation, which may be asserted against or incurred by either party or for
<br />which either party may be liable, which arise from the negligence, willful misconduct, breach of this Lease, or other
<br />fault of the other party or its employees, agents, or subcontractors in the performance of this Lease or from the
<br />ownership and use of the Property, including but not limited to: the installation, operation, use, maintenance, repair
<br />or removal of Lessee's Antenna Facilities on the Property, and specifically including the representation and
<br />warranties of Paragraph 18 of this Lease, provided same is not due to the negligence, willful conduct, or breach of
<br />this Lease by the indemnified party or any of its elected officials, officers, employees, agents,, contractors or
<br />representatives.
<br />If either party fails or neglects to defend such actions when obligated to do so, the other party may defend the san e
<br />and any expenses (including reasonable attorneys' fees) which it may pay or incur in defending said actions, as well
<br />as the amount of any ,judgment or settlement which it may be required to pay shall promptly be reimbursed by the
<br />responsible party.
<br />The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand,
<br />lawsuit, or the life for which it seeks indemnification pursuant to this Section and provide the indemnifying party
<br />with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand,
<br />lawsuit, or the life; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent
<br />of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim,
<br />demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation,
<br />except (1) to the extent the indemnifying party can shove it was prejudiced by the delay; and (2) the indenmifying
<br />party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
<br />Notwithstanding anything to the contrary in this Lease in no event will either party be liable to the other party for,
<br />or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including
<br />without limitation, loss of profits, income or business opportunities; provided however, that this provision shall not
<br />release or reduce Lessee's obligation to pay rent in accordance with the terms of this Lease.
<br />17. Notices. All notices, requests, demands, and other communications hereunder shall be in v citing and shall be
<br />deemed given personally delivered or mailed certified mail, return receipt requested, or by a nationally recognized
<br />overnight courier, to the following addresses:
<br />If to owner, to: City of Roseville
<br />2660 Civic Center give
<br />Roseville, NW 55113
<br />Attn: Finance Department
<br />If to Lessee: New Cingular wireless PCS, LLC
<br />Attn: Network Real Estate Administration
<br />Ike: Cell Site #:11 PLSNR4U12 2; Cell Site Name: Howard .Johnson Park (WO
<br />Fixed Asset No.: 11663467
<br />575 Morasgo Dr. NE
<br />13-F west Tower,
<br />Atlanta, GA 30324
<br />With a copy to: New Cingular wireless PCS, LLC
<br />Attn.: Legal Department
<br />Re: Cell Site : M LSMM 1242; Cell Site Name: Howard Johnson Park (MN)
<br />Fixed Asset No.: 11663467
<br />208 S. Aard Street
<br />Dallas, TX 75202 -420
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