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negligent or willful acts or omissions of Grantor or its licensees, suppliers, agents, customers or invitees. Grantor agrees to indemnify, defend, and hold Grantee harmless from and against any and all liability, loss, claims, damages, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys' fees, and for any and all injury to persons or damage to property, that arise from or out of the presence of any hazardous material present on the Grantor Property, unless introduced or released by Grantee or its agents,tenants or invitees, and that arise from or out of a breach of its covenants and obligations hereunder and/or its negligence or willful acts or omissions. Section 8. Insurance. Grantor and Grantee each agree to maintain commercial general liability insurance in a reasonable amount, insuring against any and all claims for bodily injury, death or property damage occurring on, in or about the Grantor Property as a result of the activities contemplated by this Agreement. Section 9. Default. If Grantee defaults in or otherwise fails to perform any of its obligations set forth in this Agreement, and fails to cure any such default or failure within ten (10) business days after receipt of written notice from Grantor (except in the case of an emergency which shall be cured as soon as reasonably practicable), then Grantor may cure such default at its expense and collect from Grantee the reasonable costs incurred in curing such default including reasonable attorney's fees or may pursue any applicable injunctive or equitable remedies. Grantor may not terminate this Agreement. Any reimbursement for curing a default shall be due and payable ten (10) days after the written demand by Grantor, which demand shall include paid invoices or other evidence of payment or expense. Notwithstanding the foregoing, if the default is of such a nature that it cannot reasonably be cured within ten (10) business days, then, so long as the Grantee commences the cure within said 10-business day period, and thereafter diligently pursues the cure to completion, the cure period shall be extended for such periods as may be reasonable under the circumstances, not to exceed ninety (90) days. All such expenses shall accrue interest at the rate of the greater of (i) 12% per annum or (ii)the then current prime rate listed by the Wall Street Journal plus 4%. Section 10. Severability. The invalidity or unenforceability of any covenant, condition, term or provision in this Agreement shall not affect the validity and enforceability of any other covenant, condition,term or provision. Section 11. Notices. All notices, requests, demands, consents and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly and properly given on the date of service if delivered via hand delivery, or on the first business day following deposit with a nationally recognized overnight courier service (e.g., FedEx),postage prepaid, in any event addressed appropriately as follows: If to Grantor: Equal Holdings XIII, LLC 4000 West 106th Street, Suite 125-146 Carmel, Indiana 46032 Attn: William J. Hollingsworth {20142245.DOC} - 3 -