MAINTAIN THE
EQUIPMENT, UNTIL THE LEASE OR THE LICENSE GRANTED HEREUNDER TERMINATES. TENANT
MAY HAVE ACCESS TO THE LICENSE AREAS FOR NORMAL REPAIRS DURING NORMAL BUSINESS
HOURS UPON NOT LESS THAN FOUR (4) HOURS' PRIOR TELEPHONE NOTICE TO THE ENGINEER
FOR THE BUILDING DURING NORMAL BUSINESS HOURS, AND MAY HAVE ACCESS TO THE
LICENSE AREAS FOR REPAIRS DURING NON BUSINESS HOURS PROVIDED THAT TENANT
PROVIDES LANDLORD WITH ADEQUATE ADVANCE NOTICE THEREOF. TENANT SHALL DESIGNATE
IN WRITING TO LANDLORD THE APPROPRIATE AUTHORIZED PERSON OR PERSONS THE TENANT
WILL USE TO MAKE EMERGENCY REPAIRS TO THE EQUIPMENT AND SHALL CAUSE SUCH PERSONS
TO COMPLY WITH SUCH SAFETY AND SECURITY PROCEDURES (INCLUDING, WITHOUT
LIMITATION, ORIENTATION AND TRAINING) AS LANDLORD SHALL ESTABLISH FROM TIME TO
TIME. FOLLOWING SUCH DESIGNATION AND UPON PRESENTING SATISFACTORY IDENTIFICATION
TO LANDLORD'S BUILDING SECURITY PERSONNEL TOGETHER WITH A BRIEF DESCRIPTION OF
THE REASON FOR THE EMERGENCY ENTRY, AND SUBJECT TO COMPLIANCE WITH LANDLORD'S
SAFETY AND SECURITY PROCEDURES, SUCH AUTHORIZED PERSON(S) MAY ENTER UPON THE
PORTIONS OF THE BUILDING WHERE THE EQUIPMENT IS LOCATED TO PERFORM EMERGENCY
REPAIRS TO THE EQUIPMENT. LANDLORD MAY REQUIRE THAT AUTHORIZED REPRESENTATIVES
OF LANDLORD ACCOMPANY TENANT OR ITS REPRESENTATIVES TO THE LICENSE AREAS.
21.9
LIABILITY; INDEMNITY; INSURANCE.
LANDLORD SHALL HAVE NO OBLIGATION
TO DESIGN, INSTALL, CONSTRUCT, USE, OPERATE, MAINTAIN, REPAIR, REPLACE OR REMOVE
THE EQUIPMENT, NOR SHALL LANDLORD HAVE ANY OTHER RESPONSIBILITY OR LIABILITY IN
CONNECTION THEREWITH OR THE OPERATIONS THEREOF, EXCEPT AS EXPRESSLY SET FORTH IN
THIS ARTICLE 21.
NOTWITHSTANDING ANY PROVISION OF THIS LEASE TO THE CONTRARY,
THE EQUIPMENT SHALL BE IN OR ON THE BUILDING AT THE SOLE RISK OF TENANT AND
LANDLORD SHALL NOT BE LIABLE FOR DAMAGE THERETO OR THEFT, MISAPPROPRIATION OR
LOSS THEREOF, AND TENANT HEREBY WAIVES ALL CLAIMS AGAINST LANDLORD IN CONNECTION
THEREWITH. IN THE EVENT OF AN INTERRUPTION IN, OR FAILURE OR INABILITY TO
PROVIDE ELECTRICITY TO THE EQUIPMENT, SUCH INTERRUPTION SHALL NOT IMPOSE UPON
LANDLORD ANY LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR
CONSEQUENTIAL DAMAGES OR LOSS OF BUSINESS BY TENANT) AND TENANT HEREBY WAIVES
ALL CLAIMS AGAINST LANDLORD OR ITS AGENTS OR EMPLOYEES FOR ANY LOSS OR DAMAGE
RESULTING FROM ANY SUCH INTERRUPTION. FURTHER, NOTWITHSTANDING ANY PROVISION OF
THIS LEASE TO THE CONTRARY, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT OF LANDLORD OR ITS AGENTS OR CONTRACTORS, TENANT AGREES TO
INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, AND LANDLORD'S AGENTS AND
EMPLOYEES AND THE HOLDERS OF ANY INTEREST IN LANDLORD AND/OR THE BUILDING FROM
AND AGAINST ANY AND ALL CLAIMS, WHICH RESULT FROM OR ARISE OUT OF (I) THE
INSTALLATION, OPERATION, EXISTENCE, MAINTENANCE, REPAIR, REMOVAL, REPLACEMENT OR
RELOCATION OF THE EQUIPMENT, (II) ANY CONSTRUCTION OR OTHER WORK UNDERTAKEN BY
OR ON BEHALF OF TENANT IN OR ABOUT THE LICENSE AREAS, OR (III) ANY BREACH OR
DEFAULT UNDER THIS ARTICLE 21 BY TENANT, WHETHER ANY OF THE FOREGOING OCCURS ON
THE ANTENNA SITE, THE OTHER LICENSE
44
AREAS OR ANY OTHER PLACE WITHIN OR WITHOUT THE BUILDING AND WHETHER OCCURRING
PRIOR TO,