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better by Best Insurance Guide. If Tenant self -insures, New Cingular Wireless PCS, LLC <br />will issue a Certificate of Insurance, for the limits set forth in the lease, meeting the <br />requirements listed above. <br />f) Waiver of Claims: Subrogation. Each of Landlord and Tenant hereby releases the <br />other from any and all liability or responsibility to the other or anyone claiming through <br />or under it by way of subrogation or otherwise for any loss or damage that may occur to <br />the Property or any improvements thereto, or the Tower or any improvements thereto, or <br />any property of such party therein, by reason of fire or any other cause which could be <br />insured against under the terms of standard fire and extended coverage (all-risk) <br />insurance policies, regardless of cause or origin, including fault or negligence of the other <br />party hereto, or anyone for whom such party may be responsible. Each party shall cause <br />each insurance policy obtained by it to state that the insurer waives all right of recovery <br />by way of subrogation against either party hereto in connection with damage covered by <br />such policy. The releases in this paragraph shall be effective whether the loss was <br />actually covered by insurance. Tenant assumes all risk of loss or damage to Tenant's <br />property or leasehold improvements within the Property, including any loss or damage <br />caused by water leakage, fire windstorm, explosion, theft, act of any other tenant, or other <br />cause. Landlord shall not be liable to Tenant, or its employees, for loss or damage to any <br />property in or at the Property, the Premises, or the Tower, <br />12. Damage or Destruction. If the Premises is destroyed or damaged, without contributory <br />fault of the Tenant or its agents, so as, in the reasonable judgment of the Tenant, to hinder <br />its effective use of the Communications Facility, Tenant may elect to terminate this Lease <br />upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the <br />Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period <br />subsequent to the date of damage to or destruction of the Leased Premises. <br />13. Lease Termination. <br />a) Events of Termination. Except as otherwise provided herein, this Lease may be <br />terminated without penalty or further liability upon sixty (60) days written notice to the <br />other party as follows: <br />i) by either party upon a default of any covenant or term hereof by the other <br />party, which default is not cured within sixty (60) days of receipt of written notice of <br />default to the other party (without, however, limiting any other rights of the parties <br />pursuant to any other provisions hereof); <br />ii) by Tenant for cause if it is unable to obtain or maintain any license, permit <br />or other governmental approval necessary for the construction and/or operation of the <br />Communications Facility or Tenant's business; <br />9 <br />121076599v2 752031 <br />58