Lease agreement between City and 7 WTC Company

NYC 9/11 Public Portal Document I

or installed by Tenant pursuant to the provisions of this Article 35 and restore said affected areas to their condition as existed prior to the installation of the Communications Dish.

(H) Tenant agrees that Landlord shall not be required to provide any services whatsoever to the rooftop of the Building.

(I) Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 35 shall be at the sole risk of Tenant, and neither Landlord nor Landlord’s agent or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall proximately result from the gross negligence or willful misconduct of Landlord, its agents and employees.

(J) Tenant will, and does hereby, indemnify and save harmless Landlord from and against: (i) any and all claims, reasonable counsel fees, demands, damages, expenses or losses by reason or any liens, orders, claims or charges resulting from any work done, or materials or supplies furnished, in connection with the fabrication, erection, installation, maintenance and operation of the Communications Dish, support structures. Wiring and any related equipment permitted to be installed by Tenant pursuant to the provisions of this Article 35, and (ii) any and all claims, costs, demands, expenses, fees or suits arising out of accidents, damage, injury or loss to any and all persons and property, or either, whomsoever or whatsoever resulting from or arising in connection with the erection, installation, maintenance and operation and repair of the Communications Dish, support structures. Wiring and related equipment installed by Tenant pursuant to the provisions of this Article 35, except to the extent caused by the negligence or willful misconduct of Landlord, or its agent or employees. Excluding Tenant named herein. Tenant shall obtain and thereafter maintain during the Term of this Lease insurance coverage for the benefit of Landlord in such amount and of such type as Landlord may reasonably require.

(K) All plans and specifications of Tenant’s work and installations to be done and made by Tenant pursuant to the provisions of this Article 35 shall be subject to the prior approval of Landlord, such approval not to be unreasonably withheld or delayed, and shall be further subject to inspection and reasonable supervision by Landlord.

(L) Tenant covenants and agrees that the Communications Dish, support structures. Wiring and related electrical equipment to be installed by Tenant shall not interfere with or adversely affect any pre-existing equipment, installations, lines or machinery of the Building or equipment installed under a pre-existing lease or any pre-existing other tenant of the Building, including, without limitation, any other pre-existing communications equipment in, on top of or otherwise outside the Building, or access thereto for maintenance, repair or removal. Any equipment installed on the roof subsequent to the installation of Tenant’s equipment shall not adversely affect Tenant’s equipment.

(M) Tenant acknowledges being advised by Landlord that Landlord has, and shall be,

F:\CR\LHC\ 4219.1016\NEWLSE.FNL 61

I NYC-WTC_000169332