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78 <br />endorsement stating that the policy shall not be canceled without thirty (30) days' written notice <br />of such cancellation to the additional insured. <br />C. In addition, LESSOR shall obtain and keep in force during the Term a <br />policy or policies insuring against loss or damage to the Tower at full replacement cost, as the <br />same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies <br />shall insure against all risks of direct physical loss or damage (except the perils of flood and <br />earthquake unless required by a lender or included in the base premium), including coverage for <br />any additional costs resulting from debris removal and reasonable amounts of coverage for the <br />enforcement of any ordinance or law regulating the reconstruction or replacement of any <br />undamaged sections of the Tower required to be demolished or removed by reason of the <br />enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but <br />not including plate glass insurance. <br />d. LESSEE must maintain Workers' Compensation insurance in compliance <br />with all applicable statutes. <br />e. LESSEE must carry automobile liability coverage with total liability limits <br />for bodily injury liability and property damage liability in the amount of $1,000,000 per accident. <br />Coverage shall be provided for bodily injury and property damage for the ownership, use, <br />maintenance or operation of all owned, non -owned and hired automobiles. The commercial <br />automobile policy shall include at least any applicable statutory personal injury protection, <br />uninsured motorists and underinsured motorists coverages. <br />f. LESSEE must keep in force during the term and any renewals of the <br />Agreement a policy covering damages to its property at the Premises. The amount of coverage <br />shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or <br />law requirements. <br />11. LIMITATION OF LIABILITY. Except for indemnification pursuant to <br />paragraphs 9 and 31, neither Party shall be liable to the other, or any of their respective agents, <br />representatives, employees for any lost revenue, lost profits, loss of technology, rights or <br />services, incidental, punitive, indirect, special or consequential damages, loss of data, or <br />interruption or loss of use of service, even if advised of the possibility of such damages, whether <br />under theory of contract, tort (including negligence), strict liability or otherwise. <br />12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained <br />herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, <br />LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the <br />Commencement Date provided that three (3) months prior notice is given to LESSOR. <br />13. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have access to the <br />Tower only with the approval of LESSOR for the purpose of installing and maintaining the said <br />equipment. LESSEE shall request access to the Tower twenty-four (24) hours in advance, except in an <br />emergency, and LESSOR's approval thereof shall not be unreasonably withheld, conditioned or delayed. <br />It is agreed, however, that only authorized engineers, employees or properly authorized <br />contractors of LESSEE or persons under their direct supervision will be permitted access to the <br />MINC Cenral <br />Water Tower Lease Agreement 6 <br />222768M <br />