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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. 14. 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 MERCHANT ABILITY 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. 15. Damage. In the event the Tower or Transmitter Building, or any part thereof, becomes damaged or destroyed by fire or other casualty from any cause so as to render the Leased Premises unfit for use, a just and proportionate part of the fees according to the nature and extent of the damage or injury shall be suspended or abated until the Leased Premises has been put in as good condition for use as at the time immediately prior to such damage or destruction. Landlord may decide not to repair or restore the Leased Premises, in which event and at Landlord's sole option, Landlord may terminate this Agreement by giving notice of its intention to terminate within ten (10) days after the date of the fire or other casualty. Landlord will not be liable for any loss or damage suffered by Tenant as a result of any such damage. Tenant will be solely responsible, at Tenant's expense, for repairing damage and/or replacing Tenant's Equipment and the Transmitter Building if it is damaged or destroyed. In the event Tenant may decide not to repair or restore Tenant's Equipment, Tenant may terminate this Agreement by giving notice of its intention to terminate within ten (10) days after the date of the fire or other casualty. 16. Assignment. Tenant shall not transfer or assign this Lease or the rights and obligations hereunder, or any part thereof, during the Lease Term without the written consent of Landlord. This Lease will not be assignable by operation of law without Landlord's consent. If Landlord consents to one or more assignments, subleases or licenses, Tenant will still remain liable for all of its obligations under this Lease. Landlord's consent to one assignment, sublease or license shall not be deemed consent to any subsequent assignment, sublease or license. Transfer of ownership or control of Tenant shall constitute an assignment for the purposes of this Section. 5