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1 �1 "-r .�
<br /> � SITE ID: A-2-G-082-G
<br /> " ' S1TE NAME;City of Zephyrhilis
<br /> Property cantains substances of the type descri in Section 11 of this Agreemer�t; or(g)APT determines that#he
<br /> Project Site is not appropriate tor its opet�ations ir�r ecanomic, environmenta!ac technotpgicai tBasans, or(h)Owner
<br /> faiis to provide#o APT compiete and camect copies af any ground lease or other document pursuant#o which Owner
<br /> halds title bo the Ownar's Property. Such tertninabon shall not constitute a waiver of APTs righ#s under Paragraph 15
<br /> of thls Agreement
<br /> 10. tNDEM1YlFY. Owner and APT each indemnify tf�e other against, and hold the other hanntess from any
<br /> and ail costs (inctuding reasonable attamey's fees and e�enses) and ctaims, actians, damages, obiigations,
<br /> li�bil'fies and liens which arise out of{a)the breach of this Agreement by the indemnifiying Rarty; and {b) the use
<br /> and/ar occupancy o#the Project Site, a�the balance of the t)wners Property, by such rrtdemn'�fying party. This
<br /> indemnity shall �ot apply to any claims, ac#ians, damages, obligadons, liab(lities and liens arising from any
<br /> negligent or infentionai miscondttct af the indemn�ied party and shall survive the termination a#this Ag�eemen�
<br /> i 1. HAZARDOU3 SUBSTANCES. Owner represents #hat Owner has no knowledge of any substance,
<br /> cttemical, or waste on the tawner's Property that is identified as hazardaus, taxic or dangerous in any applicabte
<br /> federal, state or lacal law, ordinance, rule or regulation ("Hazardous Substances"). Owner shall hold APT
<br /> harmless from and Indemnify APT against any damage� loss, expense, response costs, or liabiiity, inctuding
<br /> aansuitants' fees and any legal and court costs and attomeys' fees resulting from the presence of Hazardaus
<br /> Substances on, under or around the Owner's Property or resut�ng tram Nazardous Substances being generated,
<br /> stared, disposed of, or transported to, on, under, or around the Owner's Property as long as the Hazardaus
<br /> Substances were not ge�erated, stored, disposed of, or transported by APT or it�s employees, agents or
<br /> cantractors.The terms of this paragraph shatl survive the eycpiraticr�cr ea�Eler term'snatian of this Agreemen�
<br /> 'i2. CASLtALTYI�ONDEMNATJON if any portion ot the t)wne�"s Property, Pro�ect Site or the APT Facil��S
<br /> damaged by any casualty and such damage adversely affects APTs use of the Project Site or the APT Facilities,ar
<br /> if a condem�ing autharity takes any portian of the Owne�s Property and such taking adversety a�APTs use of
<br /> the Project Site or the APT Facilities, this Agreement shati terminate as of the date af the casuatty or the date on
<br /> which ti�e vests in the condemning autharrty, as the case may be if APT gives written no6ce af the same within thirty
<br /> {30}days after AFT receives natice of such casuaify or taking. The par�es sha0 be entiti�ed to rr:ake claims in any
<br /> condemnation procesding far value of their respective interests in the Project Site(which f�r APT may inciude,where
<br /> applicabtet the value of the APT Facilities, moving e�cpenses, prepa3d rent, and business disiocation and refocation
<br /> damagesj. Sa1e of all or par#of the Project Site to a purchaser with the pavver of eminent domain in the face of the
<br /> exercises of the powe�shail be treated as a taking by condemnation. •
<br /> 13. WA/VER OF OWNER'S LIEN. To the extent permitted by law, Owner hereby waives any and all lien
<br /> rights it has or may have, s#atutory or otherwise, conceming the APT Facili�es ar any partian thereof which shai[
<br /> be deemed personai property for the purposes of this Agreement, regardless of whether or not the same is
<br /> deemed�eal ar persanal property unde�applicab4e law.
<br /> 14. QU/ET ENJOYMENT. APT, upan payment of the Rent, shall peaceably and quietly have, hold and enjoy
<br /> the Project Site. tf, as of the date of execution af this Agreement oc hereafte�, there is any marEgage, ar other
<br /> encumbrance affecting Owners Properly, then Owner agrees to obtain from the holder of such encumbrance a
<br /> Subordination, Non-Disturbance and Attomment Agteement pursuattt to the terrtfs of which APT shaE! not be
<br /> distvrbed in its possession, use and enjoyment of the Project 5ite. Owner shail not cause or permit any use of
<br /> Uwners Property which interferes with or impairs the quality of the communication secvices being rendered by
<br /> APT from the Project Si#e. Eucept in cases of emergency, Uwner shall not have access to the Praject Site unEess
<br /> accompanied by APT persannel.
<br /> 15. DEFAULT. Except as expressiy timited herein, Owner and APT shail each have such remedies for the
<br /> default of the other party hereto as may be pravided at law or equity following written notice of such default and
<br /> faiture to cure#he same wi#hin thir#y{30}business days.
<br /> � Upon defauit by 4wner and upon written notice to Owner and subject to ait applicable cure periods provided to
<br /> � Owner in this Agreement ( and if no such no#ice and cure period is provided, foilowing thirty (30) days written
<br /> R:iLegaiIMAIL MERGE DC}CUMENTSiBasic Package DocumeMs\MM Conditionat SA Land Revl 04239?.doc 3 t I119
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