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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 <br />