NEW CINGULAR WIRELESS PCS, LLC OCTAGON TOWERS, LLC

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12. INSURANCE. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits of $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of $1,000,000 per occurrence and in the aggregate. Such insurance shall: (1) include LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self- insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; and (3) contain standard separation of insured's provisions. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and proof of additional insured status to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be cancelled except on thirty (30) days prior written notice to LESSOR; (c) maintain such required coverage for the period covered by this Agreement; (d) give LESSEE prompt and timely notice of claims made or instituted arising out of LESSEE's operations under this Agreement; and (e) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre -Existing Communications") as long as the Pre -Existing Communications operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations, or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio cormunications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with L.ESSEE's transmissions, receptions, operations, or use of frequency will result clue to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine