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SITE ID: A-2-G-082-G
<br /> SITE NAME:City of Zephyrhills
<br /> Property contains substances of the type described in Section 11 of this Agreement; or(g)APT determines that the
<br /> Project Site is not appropriate for its operations for economic, environmental or technological reasons, or(h) Owner
<br /> fails to provide to APT complete and correct copies of any ground lease or other document pursuant to which Owner
<br /> holds title to the Owner's Property. Such termination shall not constitute a waiver of APTs rights under Paragraph 15
<br /> of this Agreement
<br /> 10. INDEMNITY. Owner and APT each indemnify the other against, and hold the other harmless from any
<br /> and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligations,
<br /> liabilities and liens which arise out of(a)the breach of this Agreement by the indemnifying party; and (b) the use
<br /> and/or occupancy of the Project Site, or the balance of the Owner's Property, by such indemnifying party. This
<br /> indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any
<br /> negligent or intentional misconduct of the indemnified party and shall survive the termination of this Agreement
<br /> 11. HAZARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any substance,
<br /> chemical, or waste on the Owner's Property that is identified as hazardous, toxic or dangerous in any applicable
<br /> federal, state or local 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 liability, including
<br /> consultants' fees and any legal and court costs and attorneys' fees resulting from the presence of Hazardous
<br /> Substances on, under or around the Owner's Property or resulting from Hazardous Substances being generated,
<br /> stored, disposed of, or transported to, on, under, or around the Owner's Property as long as the Hazardous
<br /> Substances were not generated, stored, disposed of, or transported by APT or its employees, agents or
<br /> contractors.The terms of this paragraph shall survive the expiration or earlier termination of this Agreement
<br /> 12. CASUALTY/CONDEMNATION. If any portion of the Owner's Property, Project Site or the APT Facilities is
<br /> damaged by any casualty and such damage adversely affects APTs use of the Project Site or the APT Facilities, or
<br /> if a condemning authority takes any portion of the Owner's Property and such taking adversely affects APTs use of
<br /> the Project Site or the APT Facilities, this Agreement shall terminate as of the date of the casualty or the date on
<br /> which title vests in the condemning authority, as the case may be if APT gives written notice of the same within thirty
<br /> (30)days after APT receives notice of such casualty or taking. The parties shall be entitled to make claims in any
<br /> condemnation proceeding for value of their respective interests in the Project Site(which for APT may include,where
<br /> applicable, the value of the APT Facilities, moving expenses, prepaid rent, and business dislocation and relocation
<br /> damages). Sale of all or part of the Project Site to a purchaser with the power of eminent domain in the face of the
<br /> exercise of the power shall be treated as a taking by condemnation.
<br /> 13. WAIVER OF OWNER'S LIEN. To the extent permitted by law, Owner hereby waives any and all lien
<br /> rights it has or may have, statutory or otherwise, concerning the APT Facilities or any portion thereof which shall
<br /> be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is
<br /> deemed real or personal property under applicable law.
<br /> 14. QUIET ENJOYMENT. APT, upon payment of the Rent, shall peaceably and quietly have, hold and enjoy
<br /> the Project Site. If, as of the date of execution of this Agreement or hereafter, there is any mortgage, or other
<br /> encumbrance affecting Owner's Property, then Owner agrees to obtain from the holder of such encumbrance a
<br /> Subordination, Non-Disturbance and Attomment Agreement pursuant to the terms of which APT shall not be
<br /> disturbed in its possession, use and enjoyment of the Project Site. Owner shall not cause or permit any use of
<br /> Owner's Property which interferes with or impairs the quality of the communication services being rendered by
<br /> APT from the Project Site. Except in cases of emergency, Owner shall not have access to the Project Site unless
<br /> accompanied by APT personnel.
<br /> 15. DEFAULT. Except as expressly limited herein, Owner and APT shall each have such remedies for the
<br /> default of the other party hereto as may be provided at law or equity following written notice of such default and
<br /> failure to cure the same within thirty(30)business days.
<br /> Upon default by Owner and upon written notice to Owner and subject to all applicable cure periods provided to
<br /> Owner in this Agreement ( and if no such notice and cure period is provided, following thirty (30) days written
<br /> R:U.ega1WIAIL MERGE DOCUMENTS\Basic Package DocumentAMM Conditional SA Land Rev1 042397.doc 3 11/19
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