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12.4.1 any work or act done in, on or about the Premises or any part thereof at the
<br />direction of Licensee, its agents, contractors, subcontractors, servants, employees, licensees or
<br />invitees, including but not limited to the installation, use, maintenance, repair or removal of the
<br />Facilities, except if such work or act is done or performed by Licensor or its agents or employee;
<br />12.4.2 any negligence or other wrongful act or omission on the part of Licensee or
<br />any of its agents, contractors, subcontractors, servants, employees, sublicensees, licensees or
<br />invitees;
<br />12.4.3 any accident, injury or damage to any person or property occurring in, on
<br />or about the Premises or any part thereof, unless caused by the gross negligence or willful
<br />misconduct of the Releasees, or any of them; and
<br />12.4.4 any failure on the part of Licensee to perform or comply with any of the
<br />covenants, agreements, terms, provisions, conditions or limitations contained in this License on its
<br />part to be performed or complied with.
<br />12.5 Licensee hereby waives any and every claim which arises or which may arise in its
<br />favor and against Licensor hereto during the Tenn of this License or any extension or renewal
<br />thereof for any and all loss of, or damage to, any of its property located within or upon or
<br />constituting a part of the Property, to the extent that such loss or damage is recovered, or would
<br />have been covered, under an insurance policy or policies. Licensee shall have its insurance
<br />company issue any such insurance policy with a provision waiving such insurance company's right
<br />of subrogation.
<br />12.6 Licensor: (i) shall promptly provide to Licensee with written notice of any claim,
<br />demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 12 and
<br />provide Licensee with copies of any demands, notices, summonses, or legal papers received in
<br />connection with such claim, demand, lawsuit, or the like; and (ii) shall fully cooperate with
<br />Licensee in the defense of the claim, demand, lawsuit, or the like, including with respect to
<br />settlement discussions. A delay in notice shall not relieve Licensee of its indemnity obligation,
<br />except (y) to the extent Licensee can show it was prejudiced by the delay; and (z) Licensee shall
<br />not be liable for any settlement or litigation expenses incurred before the time when notice is given.
<br />13. NOTICES.
<br />13.1 All notices, requests, demands and other communications hereunder shall be in
<br />writing and shall be personally delivered or be given by first class certified or registered mail,
<br />return receipt requested, or sent by nationally recognized overnight carrier, postage prepaid to the
<br />following addresses:
<br />W Page 16 of 35
<br />ATTY/AGR/2017.039/SPRINT LEASE AGREEMENT
<br />REV: 05-12-17 JS
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