2003-05-16_REVISION - M1977347 (2)

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-=.'~-'19-99 TUE 4:38 PM '8'•:ATT AND MARTELL LLC FA;i ND, 9i0 434 1170 P. r ,..r Tenant on the Leased Premises shall be removed by the Tenant, at its expense, and the Property shall he returned to its previous condition as closely as poasibl~. (d) The Tenant shall have tae right to oonetruct a road within the Access Easement and to maintain, repair, and improve the road as reasonably necessary to provide access to the Leased Premises for the operation of the Tower and Building. The road shall be the Tenants only access to the Leased Premises. The Tenant shall pay all costa and expenses incurred in the construc- tion, installation, maintenance, repair, and improvement of such road. The Tenant shall control erosion. {e} The Tenant shall pay any coats or expanses incurred to Poudre Valley Rural Electric Association in connection with the ccnst_,-ttction and installation of electric lines from County Road 23 to the Tower Location. 11. Defe~ive Condition. Acts of Third Persons. The Landlord shall not be liable for any injury to any agent, employee, or invitee or the Tenant or for any damage to the Tower, Building, or other assets of the Tenant occasioned by any condition on or about the Leased Premises or occasioned by the sot or omission of any third party, or from any other cause whatsoever, except such as may be caused by the negligence or intentional acts oP the Landlord, its agents, employees, or inviteAS. 12. Insurance. The Tenant shall, at its own expense, at all times during the term of this Leases, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers reasonably approved by the Landlord, which will insure the Landlord and the Tenant against liability for injury to or death of persons or loss or damage to property occurring on the Leased Premises as a result of the Tenants activities. The liability under such insurance shall be in such amount as may ba reasonably required by the Landlord. The Landlord shall be named as an additional insured on any liability insurance policy maintained by the Tenant on the Leased Premises. 13. Indemnification of Landlord. (a) Liens and Encumbrances. The Tenant shall indemnify the Landlord and tae Property against all claims, liens, claims of lien, demands, charges, encumbrances, or litigation arising directly or indirectly out of or by reason of any work performed on the Leased Premises or Access Easement by or at the request of tae Tenant, and shall forthwith, within sixty (60) days after the filing of any lien of record, fully pay and satisfy the same and reimburse the Landlord for all loss, damage, and expense, including 5