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, . ` 1 • • '1 .,TI ~w II SITE ID: A 2-G-082-G ' ' ' SI?E NAME: City of Zephyfiifis ' O. RADON GAS: Radon is a naturaliy occurring radioactive gas that, when it has accumulated in a building in sufficient quanfides, may present health risks to persons who are expcsed to It over time. Levels of ' radon that exceed federal and sNabe guidefines have been found in buitdings in Floride. Addidonal information regarding radon and radon tes�ng may be obtained from your county public heaith uni� p. APT has the right but not the obligafion from dme ta time to pay any taxes, judgments, liens, assessments and/or any other charges outstanding which are levied upon Owner or the Owners Property and which are or in the future could become liens upon the Owner's Property, in whole or in any part(individually and coflectively, `Liens"). In the event that APT sa�sfies or pays any such Liens, in whole or in part, APT shall have the�ight but no duty to set off and offset any and al1 amounts so paid against Rent and any cther sums payable or to become payable pursuant to the berrns of this Agr+eement('Rerrt and Other Charges'). If APT elects ta set off or � offset the amounts paid by APT aga�nst Rent and Other Charges, immediately upon demand, Owner shall , reimburse APT for all sums paid by APT which exoeed such Rent and Other Charges. In the event that APT elects not to set off or off�et ihe amounts paid by APT agafnst Rent and Other Charges� immediately upon demand,Owner shall reimburse APT for all amounts paid by APT. APTs ri8hts to satisfy or pay liens(in whole or in pact}and then to set off and offset as described in this subparagraph tnclude the rlght of APT to pay and set off and offset any and all attomey's fees incuRed by APT in connection with making such payments and/or obtaining nec such full or partial sa�siactions. Q. Ca-location As�reements. APT shalt be permitted to enter into agreements with third parties wherein such third parties are pertn�ted to co-locabe on the Communications Facility (a'Co-location AgreemenY). � The following shall apply with respect to any Co-Ixation Agreement entered lnto by APT: 1. In the event that APT ermits a third art to co-locate an the Communications Facility, APT shall pay to Owner of all amounts collected as rent•under the tertns of such Co-location /�qreement. These amounts shall be due and payable to Owner within , twenty (20) days after such amounts are collected by APT. Failure to make any such payment to Owner shall be considered a default under this Agreement and sha11 entitle Owner to the same rights as in the event of a default in the payment of Rent. ', 2. No Calocation Agreement signed by APT shall extend beyond the Term of this Agreernent ' without the Owner's prio� written oonsent, which shall not be unreasonably withheld or delayed. If APT elects to extend this Agreement for one or more Renewal Terms, then, no Co-location Agreement executed by APT shaA extend beyond such Term, as extended. In the event that APT terminates this Agreement prior to the end of either such period as permitted under the terms of Paragraph 9,APT shall immediately assign any and ali surviving Co-location Agreements to Owner, which assignment shall be effective as of the termination , date of this Agreement ' R:V.egal�MAIL MERGE DOCUMENT'S�Basic Package Documents�IViM Conditional SA Land Revl 042397.doc 5 1 U19 �'