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obligations with respect to the maintenance and repair of the Tower shall be as set forth in this Lease, and Tenant will not be obligated to pay costs attributable to the maintenance and repair of the Tower, the Transmitter Building or the Kindred Property, except to the extent provided in this Lease. If Tenant fails to perform any of its obligations under the terms of this Lease, Landlord may perform the necessary or appropriate maintenance, repair or other obligation, and the costs reasonably incurred by Landlord in connection therewith shall be payable by Tenant to Landlord within ten (10) days following request by Landlord for such payment. 10. Other Agreements. It is understood and agreed by the Tenant that the lease granted by this Agreement is non-exclusive and that Landlord shall have full right to allow others to enter upon and occupy and use the Tower and its site and the Transmitter Building for radio or other transmitting, or for any other purpose, without liability or obligation to Tenant. Landlord is free to allow any party to lease space on the Tower provided such agreement or agreements shall not interfere with Tenant's use of the Tower. In connection herewith, Landlord shall be free to lease space anywhere on the Kindred Property. Provided, however, Landlord shall cause any sublease entered into by Landlord for use of the Tower during the term of this Lease by a subtenant who does not currently have the right to use the Tower to include a provision to the effect that such new tenant shall not unreasonably interfere with the use of the Tower by tenants who already have rights to use the Tower as ofthe date of such new lease. 11. Hold Harmless and Indemnity. Tenant shall at all times indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs and expenses, including reasonable counsel fees arising out of Tenant's use of the Leased Premises and/or any of the operations of Tenant in connection with its use of the Leased Premises and/or any breach by Tenant of any agreement concerning the use of the Leased Premises. Landlord shall promptly notify Tenant of any claim or litigation to which this indemnity applies, and Tenant may, at its option, assume the defense of any such claim or litigation, in which event, Tenant's obligations with respect to it shall be limited to the payment of any judgment or settlement approved by Tenant in connection herewith. 12. Disclaimers and Warranties. Unless made part of this Agreement, any representations concerning the distance and locations at which usable off-air signals will be transmitted and received by Tenant's equipment or the Tower shall not be enforceable against Landlord. LANDLORD MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH RESPECT TO THE TOWER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Landlord shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use or the inability to use the Tower. Tenant shall determine the suitability of the Tower for its intended use and assumes all risk and liability whatsoever in connection with this determination. Landlord shall not be responsible for any losses resulting to Tenant if the Tower or its antenna fails to work. Each party is responsible for maintaining it's own business interruption insurance. Tenant acknowledges that no warranties. representations. promises or statements whatsoever other than the foregoing have been made by Landlord. 4