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Dish Site: SESEA00125A <br /> agents, representatives, contractors and subcontractors (and subsequent tiers of <br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify the <br /> Lessor on the same terms and conditions as the Lessee pursuant to this Section. In the <br /> event it is necessary for Lessor to incur attorney's fees, legal expenses or other costs to <br /> enforce the provisions of this Lease, all such fees, expenses and costs shall be recoverable <br /> from the Lessee. <br /> e. INDEMNIFICATION PROCEDURE. Lessor shall promptly provide written notice to <br /> Lessee of any Claim for which indemnification is sought and provide the Lessee with <br /> copies of any demands, notices, summonses or legal papers received in connection with <br /> such Claim. Lessee shall not make any admission as to liability or agree to any settlement <br /> of or compromise any Claim without the prior written consent of Lessor which shall not be <br /> unreasonably withheld, conditioned or delayed. Lessor shall, at Lessee's request and <br /> expense, give Lessee all reasonable assistance in connection with those negotiations and <br /> litigation in defense of the Claim. <br /> f. LIMITATION OF LIABILITY. NEITHER PARTY NOR ANY OF ITS AGENTS, <br /> CONTRACTORS OR EMPLOYEES, SHALL BE LIABLE TO THE OTHER PARTY <br /> OR ANY PERSON CLAIMING THROUGH THAT PARTY FOR ANY LOST <br /> REVENUE, LOST PROFITS, DIMINUTION IN VALUE OF BUSINESS, LOSS OF <br /> TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF <br /> SERVICEa ANY PUNITIVE, INDIRECT, TREBLED, ENHANCED, EXEMPLARY, <br /> SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REGARDLESS <br /> WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, <br /> TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, <br /> UNLESS APPLICABLE LAW FORBIDS A WAIVER OF SUCH DAMAGES. THE <br /> PROVISION SET FORTH HEREIN THIS SECTION SHALL SURVIVE THE <br /> EXPIRATION OF THE EARLIER TERMINATION OF THIS LEASE. <br /> g. INSURANCE NOT A LIMITATION OF LIABILITY. The Lessee's duty to defend, <br /> indemnify and hold harmless pursuant to this Section is not in any way limited by Lessee's <br /> insurance obtained or required under Section 18 (Liability Insurance) of this Lease. <br /> h. SURVIVAL. The provisions set forth in this Section shall survive the expiration or earlier <br /> termination of this Lease. <br /> 18. LIABILITY INSURANCE. <br /> a. LESSEE OBLIGATIONS. Throughout the Term, Lessee shall obtain and maintain, at <br /> Lessee's sole cost and expense, the following insurance coverage: (i) workers' <br /> compensation insurance with no less than the minimum limits required by Applicable Law; <br /> (ii) employer's liability insurance with such limits as required by Applicable Law; (iii) <br /> commercial general liability insurance with a minimum limit of$2,000,000 per occurrence <br /> and $4,000,000 aggregate; and (iv) business automobile liability insurance with a limit of <br /> $2,000,000 per accident and covering liability out of the operation of owned, hired and <br /> non-owned vehicles. All commercial general liability and automobile liability policies <br /> required hereunder shall be endorsed to include Lessor, its officers, employees, and agents <br /> as additional insureds. At Lessor's request, Lessee shall provide certificates of insurance <br /> Page 11 of 31 <br /> CWH 4.19.24 <br />