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(i) All endorsements and insurance coverages according to
<br />requirements and instructions contained herein.
<br />(ii) Notwithstanding the forgoing, Licensee may, in its sole
<br />discretion, self -insure any of the required insurance under the same terms as required by this
<br />License. In the event Licensee elects to self -insure its obligation under this License to include
<br />Licensor as an additional insured, the following conditions apply: (i) Licensor shall promptly and
<br />no later than thirty (30) days after notice thereof provide Licensee with written notice of any
<br />claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section 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; (ii) Licensor shall not settle any such
<br />claim, demand, lawsuit, or the like without the prior written consent of Licensee; and (iii)
<br />Licensor shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the
<br />like.
<br />12.3 Licensee hereby releases Licensor and Licensor's property manager, if any, and
<br />their respective agents, employees, officers, directors, council members and partners
<br />(collectively the "Releasees") from, and shall not hold Releasees liable for, any liability for
<br />personal injury, consequential damages, loss of income or damage to or loss of property or
<br />persons, or loss of use of any property, in or about the Premises from any cause whatsoever or
<br />from any activity related to this License unless such damage, loss or injury results from the
<br />active negligence or willful misconduct of the Releasees, or any of them; provided, however, that
<br />Licensee shall remain obligated to defend Releasees notwithstanding any actual or alleged
<br />comparative negligence on the part of Releasees, or any of them, until such time as the actual or
<br />alleged comparative negligence is adjudicated and Releasees, or any of them, are found to be
<br />actively negligent or to have engaged willful misconduct.
<br />12.4 Licensee agrees to indemnify, defend and hold Releasees harmless from and
<br />against injury, loss, damage or liability (or any claims in respect of the foregoing), costs or
<br />expenses (including reasonable attorneys' fees and court costs) which may be imposed upon or
<br />incurred by or asserted against Releasees occurring during the Term of this License, or during
<br />any period of time prior to the Effective Date hereof or after the expiration date hereof when
<br />Licensee may have been given access to or possession of all or any part of the Premises arising
<br />from:
<br />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
<br />or any of its agents, contractors, subcontractors, servants, employees, sublicensees, licensees or
<br />invitees;
<br />REV: 11-14-18 DZ
<br />Page 18 of 35
<br />ATTYIAGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License
<br />Agreement 555 California Way
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