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<br />presence ofT-Mobile's Communications Facilities, equipment and related facilities
<br />on the Premises.
<br />
<br />(b) Hazardous Materials. Without limiting the scope of 12(a) above, T-Mobile will be
<br />solely responsible for and will defend, indemnify, and hold Owner, its agents, and
<br />employees harmless from and against any and all claims, costs, and liabilities,
<br />including attorney's fees and costs, arising out of or in connection with the cleanup or
<br />restoration of the Premises resulting from T-Mobile's use of Hazardous Materials.
<br />F or the purposes of this Agreement, "Hazardous Materials" shall be interpreted
<br />broadly and specifically includes, without limitation, asbestos, fuel, batteries or any
<br />hazardous substance, waste, or materials as defmed in any federal, state, or local
<br />environmental or safety law or regulations including, but not limited to, CERCLA.
<br />
<br />Hazardous Substances. Owner represents that Owner has no knowledge of any
<br />substance, chemical, or waste on the Property that is identified as hazardous, toxic or
<br />dangerous in any applicable federal, state or local law or regulation.
<br />
<br />(Cl T-Mobile's Warranty. T-Mobile represents and warrants that its use of the Premises
<br />will not generate and T -Mobile will not store or dispose of on the Premises, nor
<br />transport to or over the Property, any Hazardous Materials, unless T-Mobile
<br />specifically informs Owner thereof in writing 72 hours prior to such storage;disposal
<br />or transport, or otherwise as soon as T-Mobile becomes aware of the existence of
<br />Hazardous Materials on the Premises. The obligations of this paragraph 12 shall
<br />survive the expiration or other termination of this Agreement.
<br />
<br />13. INSURANCE.
<br />
<br />(a) Workers' Compensation. T-Mobile must maintain Workers" Compensation
<br />insurance in compliance with all applicable statutes. The policy shall also provide
<br />Employer's Liability coverage with limits of not less than $500,000.00 Bodily Injury
<br />each accident, $500,000.00 Bodily Injury by disease, policy limit, and$500,000.00
<br />Bodily Injury by disease, each employee.
<br />
<br />(b) General Liability. T-Mobile must maintain an occurrence form comprehensive
<br />general liability coverage. Such coverage shall include, but not be limited to, bodily
<br />injury, property damage - broad form, and personal injury, for the hazards of
<br />Premises/Operation, broad form contractual, independent contractors, and
<br />product/completed operations.
<br />
<br />T-Mobile must maintain the aforementioned comprehensive general liability coverage
<br />with limits ofliability not less than $1,000,000.00 each occurrence; $1,000,000.00
<br />personal and advertising injury; $2,000,000.00 general aggregate, and $2,000,000.00
<br />products and completed operations aggregate. These limits may be satisfied by the
<br />comprehensive general liability coverage or in combination with an umbrella or
<br />excess liability policy, provided coverage afforded by the umbrella or excess policy
<br />are no less than the underlying comprehensive general liability coverages.
<br />
<br />-242-
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