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the equipment and restore the property at the sole cost and expense of Tenant who shall pay to Landlord the expenses incurred plus a $100.00 daily fee for each day past the grace period, as specified above. 12. Insurance: Damage to Tower or Site. 12.1. Tenant shall maintain at its sole cost and expense policies of Comprehensive General Liability Insurance insuring against liability for injury or death to persons or damage to property arising from Tenant's activities on, in or about the Premises in an amount not less than $5,000,000.00. Landlord shall be named as an additional insured on Tenant's insurance. Tenant will supply Landlord with a Certificate of Insurance verifying such coverage. 12.2. In the event of damage or destruction to the Tower or other improvements on the Site, Landlord in its sole and absolute discretion shall have the right to either terminate this Lease upon written notice to the Tenant or, Landlord may with reasonable promptness and diligence begin and proceed with repair, rebuilding, and/or restoration of the Tower and other improvements on the Site. If Landlord is proceeding with repairs or restoration, this Lease shall not abate or terminate by reason of such damage or destruction. Tenant shall also have the right to erect temporary transmitting facilities on the Site, provided that such facilities do not interfere in any way with Landlord's repair and reconstruction of the basic facilities. Tenant shall have the right to substantially identical space on any rebuilt or restored tower pursuant to this paragraph. Upon written notice of termination from Landlord to Tenant, this Lease shall terminate and be of no further effect and Tenant shall not be entitled to any payment from Landlord other than a rebate of any prepaid rent. Tenant shall be responsible for repairing, restoring or replacing any or all of Tenant's property, at Tenant's expense. 13. Condemnation. If that portion of the Site on which the Tower or Transmitter Building is located is acquired or condemned by any public authority under the power of eminent domain, this Lease shall terminate as of the date title is vested in the public authority. Tenant shall be entitled to a rebate of an appropriate portion of its rent if paid in advance. Landlord shall be entitled to all compensation or awards relating to such taking. Tenant acknowledges that this Lease does not entitle Tenant to any portion of any such condemnation award. If a portion ofthe Site other than the portion upon which the Tower or Transmitter Building is located is acquired or condemned as set forth herein, then Landlord, at its sole and absolute discretion shall determine whether to terminate this Lease or whether it shall continue. 14. Ground Lease. Tenant acknowledges and agrees that this Lease is subject to the terms and conditions of a Ground Lease between Landlord and the owner of the Site (the "Ground Lease"), the term of which may expire or terminate prior to the expiration of the Term. Landlord may terminate this Lease without further obligation or liability to Tenant by giving thirty (30) days' written notice to Tenant upon termination or expiration of the Ground Lease. 15. Taxes. If this Lease shall adversely affect the tax exempt status of Landlord for real estate tax, income tax or any other purpose, Landlord shall have the right to terminate this Lease an any time with or without notice. The determination that this Lease will adversely affect such tax exempt status shall be made at Landlord's sole discretion, whether based upon a ruling or informal statement by an agency of local, state or federal government or upon the opinion of DCOlDOCS323884.2 5