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<br /> ' SITE ID: A-2-G-082-G
<br /> � ' SITE NAME: City of Zephyrt�ills
<br /> Property contains substenc�es of the type describecl in Section 11 of this Agreemer� or(9)APT detem�ines that the
<br /> Project Site is not appropriate fw its ePerabons for eoonomic, environme�i or bechnological reasons, or(h) Owner
<br /> fails to provide to APT c�mplete and comect oopies of any ground lease or other document pursuant t�which Owner
<br /> holds tltle to tl�e Owners Properly. Such termination shall not constitute a waiver of APTs rights under Paragraph 15
<br /> of this Aaroement
<br /> 10. INDEMNlT1! Owner and APT each indemnify the other against, and hold the other hannless from any
<br /> and all costs (induding reasonable attomey's fees and expenses) and claims, actions, damages, obligatans,
<br /> liabilities and liens which arise out of(a)the breach of this Aereement by the indemnif�ring parly; and (b)the use
<br /> and/or axupancy of the Project Site, or the balanoe of the Owners Property, by such indemnitying party. This
<br /> indemnity shall not apply tio any daims, ac6ons, damages, obiigati�ons, liabiliti�es and liens arising from any
<br /> negligent or intentional misconduct of the indemnified party and shall survive the termination of this Agreement.
<br /> 11. HAIARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any substance,
<br /> chemical, or waste on the Ownars Property that is identified as hazardous, toxic w dangerous in any applicable
<br /> federal, stabe or local law. ordinanoe, rule or regulation ("Hazardous Substances'). Owner shali hold APT
<br /> harmless from and indemniy APT against any damage, bas, expenae, response oosts, or liability, including
<br /> oonsultants' fees and any legal and court costs a�d atbomeys' fees resul�ng trom the presence of Hazardous
<br /> Substances on, under or around the Owners Property or resuldnfl from Hazardous Substanc�s being generated,
<br /> stored, disposed of, o� transported b�, on, under, or around the Owners Property as long as the Hazardous
<br /> Substa�ces were not generated, stored, disposed of, or transported by APT or its employees, agents or
<br /> contractors.The tertns of this paragraph shail survive the expiration o�ea�lier tertnination of this Agreement.
<br /> 12. CASUALTY/CONDEMNATION. If any portion of tha Owners Property, Projed S'ibe or the APT Facilides is
<br /> damaged by any casualty and such damage adversely affects APTs use of the Project Site or the APT Facilides,or
<br /> if a condemning authority takes any portion of the Owners Property and such taking adversely aftects APTs use of
<br /> the Project Site or the APT Facilities, this Agreement shall tertninate as of the date of the casualry or the date on
<br /> which title vests in the condemning authorily,as the case may be ff APT gives written notioe of the same witt�in thiAy
<br /> (30)days afier APT receives notice of such casualty or taking. The parties shall be entitled to make daims in any
<br /> condemnation proceeding br value of their respective interests in the Project Site(which for APT may include,where
<br /> appUcable, the value of the APT FaciUdes, moving expenses, prepsid rerrt, and business disbcation and rebcation
<br /> damages). Sale of all or part of the Project Site to a pur�chaser with the power of eminent domain in the face of the
<br /> exe�+cise of the power shail be treated as a taking by condemnation.
<br /> 13. WA/VER OF OWNER'S UEN. To the extent permitted by law, Owner hereby waives any and all lien
<br /> rights it has or may have, statutory or othervvise, conceming the APT Facilides or any portion thereof which shall
<br /> be deemed personal property for the pusposes 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, shail peaceably and quietly have, hoid 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 Owners Properly, then Owner agrees to obtain from the holder of such encumbrance a
<br /> Subordina�on, Non-Disturbance and Attomment Agreement pursuant to the tertns of which APT shall not be
<br /> disturbed in its poasession, use and enjoyment of the Project Site. Owner shall nat cause ar pertnit any use of
<br /> Owners 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 acxess 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 /> defauft 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.egal�NiAIL MERGE DOCUMENTS�Basic Package Documents�VlM_Conditional SA Land Revl q42397.doc 3 I 1/19
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