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9. Indemnification; Liabilitv. Tenant hereby indemnifies and shall protect and hold Landlord harmless from and against all liabilities, losses, claims, demands, costs, expenses, and judgments (including reasonable attomeys' fees) arising from or in connection with any injury to or the death of any person or loss or damage to property on or about the Tower, the Transmitter Building or Site arising from or connected with the use of the Leased Premises by Tenant, or its agents, employees or invitees. In no event will Landlord be liable to Tenant or any other party as the result of acts or omissions of Tenant, its agents, employees, contractors or any other tenant of space on the Tower or Site. All property of Tenant located at the Site or on the Tower is at the sole risk of Tenant and Landlord shall not be liable for any loss or damage thereto, even if caused in whole or in part by the negligence of Landlord or its agents, employees or contractors. Tenant acknowledges and agrees that in no event with Landlord be liable for lost profit or other consequential damages arising out of or resulting from Tenant's use of the Leased Premises or otherwise under this Lease. Tenant's obligations and waivers hereunder shall survive the termination of this Lease. 10. Termination. Landlord may terminate this lease by written notice to Tenant in the event of any material breach or default by Tenant in the performance of Tenant's duties and obligations under this lease that is not cured or corrected within ten (10) days after written notice has been given by Landlord to Tenant specifying the breach or default by Tenant. No termination shall relieve a party of liability for failure to comply with this Lease prior to its termination. In the event Landlord terminate this Lease pursuant to this Section 10, Landlord may, at its option, have, regain, reenter, repossess, and enjoy the Leased Premises and Tenant hereby expressly waives the service of any notice in writing of Landlord's intention to reenter as aforesaid and every other notice or demand whether prescribed by statute or any other law, and also waives and release all right of restoration to possession of the Leased Premises after reentry or after judgment of possession thereof. Tenant shall also indemnify Landlord against all loss of rents and other damages that Landlord may incur by reason of such termination during the remainder of the Term, and also against all attorney's fees and expenses incurred in enforcing any term of this Lease. In the alternative, Landlord, at its option in its sole discretion, may immediately or at any time thereafter, without notice to Tenant, cure any such breach or default, and all payments made and expenses incurred, including attorney's fees, in so doing, with interest at the lower of 15% per annum or the highest legal rate, shall be payable to Landlord by Tenant upon demand. No remedy in this Lease shall be exclusive of any other remedy but shall be cumulative and in addition to every other remedy hereunder now or hereafter existing at law or in equity or by statute. The exercise of any remedy by Landlord in event of breach or default hereunder shall not affect or impair the right of Landlord to terminate this Lease as provided herein. 11. Removal of Tenant's Equipment Upon Termination. Upon termination of this Lease, by expiration of the above stated Term (as the same may be extended) or otherwise, Tenant shall peacefully and quietly surrender the Leased Premises to Landlord, in good order, condition and repair, except for reasonable wear and tear. Tenant shall, at its own expense, have thirty (30) days from the termination date to remove its equipment from the Tower, Transmitter Building and Site, and restore the Tower, Transmitter Building and Site to the condition that existed before installation of the equipment, reasonable wear and tear excepted. Such restoration shall be done under supervision of an authorized representative of Landlord at a time and in such manner as is satisfactory to such representative. Should Tenant fail to make such restoration within the thirty (30) day grace period, Landlord may either elect to treat such property as abandoned or remove DCOl DOCS323884.2 4