|
i
<br /> .: . . � .
<br /> , �. -_.... _
<br /> � SITE ID: A-2-G-082-G
<br /> � � SITE NAME:City of Zephyrhi{Is
<br /> Property contains substances of the type descri in ' n 11 of this Agreement; or(g)APT detertnines that the
<br /> Project Site is not appropriate for its operations for economi , environmentai or technological reasons, or(h) Ovmer
<br /> fails to provide to APT complete and correct copies of any g nd lease or other dxument pursuant to which Owner
<br /> holds title to the Owners Property. Such termination shall no constitute a waiver of APTs rights under Paragraph 15
<br /> of this Agreement
<br /> 10. INDEMN/TI! Owner and APT each indemnify th other against, and hold the other harmless from any
<br /> and ail costs (including reasonable attomey's fees and xpenses) and claims, actions, damages, obliga6ons,
<br /> 1"�abil'fies and liens which arise out of(a) the breach of this Agreement by the indemn'ifying party; and (b) the use
<br /> and/or ocxupancy of the Project Site, or the balance of th Owrners Property, by such indemnifying party. This
<br /> indemnity shall nct apply to any claims, actions, dama es, obiigations, liabilities and liens arising from any
<br /> negligent or intentional misconduct of the indemnified party nd shall survive the terminabon of this Agreement.
<br /> 11. HAZARDOUS SUBSTANCES. Owner represen that Owner has no knowledge of any substance,
<br /> chemical, or waste on the Owner's Property that is iden� 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 {iability, including
<br /> consultants' fees and any legal and court costs and atto eys' fees resulting from the presence of Hazardous
<br /> Substances on, under or around the Owner's Property or sulting irom Hazardous Substances being generated,
<br /> stored, disposed of, or transported to, on, under, or aro nd the Owners Property as long as the Hazardous
<br /> Substances were not generated, stored, disposed of, r transported by APT or its employees, agents or
<br /> oontractors.The terms of this paragraph shall survive the e piration or ea�lier tennination of this Agreement
<br /> 12. CASUALTY/CONDEMNATION. If any portion of e Owners Property, Project S'ite or the APT FaGliaes is
<br /> damaged by any casualty and such damage adve�sely a APTs use of the Project Site or the APT Facili�es,or
<br /> if a condemning authority takes any portion of the Owners roperty and such taking adversely a�APTs use of
<br /> the Project Site or the APT Facilities, this Agreement shall terminate as of the date of the casualt�r or the date on
<br /> which title vests in the condemning authcrity,as the case y be if APT gives written notice of the same within thirty
<br /> (30)days atter APT receives notice of such casually or tak ng. The parties shall be entitled to make claims in any
<br /> condemnation proceeding for value of their respective inte ts in the Project Site(which for APT may include,where
<br /> applicable, the value of the APT Facil'itiies, moving expens s, prepaid rent, and business dislocation and relocation
<br /> damages). Sale of all or part of the Project Site to a purch ser with the power of eminent domain in the face of the
<br /> exercise of the power shall be treated as a haking by conde nation.
<br /> 13. WA11/ER OF OWNER'S LIEN. To the extent pe itted by law, Owner hereby waives any and all lien
<br /> rights it has or may have, statutory or othervvise, concemi g the APT Facilities or any portion thereof which shall
<br /> be deemed personal property for the purposes of this greement, regardless of whether or not the same is
<br /> deemed real or personal property under applicable law.
<br /> 14. QWET 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 A reement or hereafter, there is any mortgage, or other
<br /> encumbrance affecting Owners Property, then Owner ag ees to obtain from the holder of such encumbrance a
<br /> Subordination, Non-Disturbance and Attomment Agreem nt pursuant to the terms of which APT shall not be
<br /> disturbed in its possession, use and enjoyment of the P ject Site. Owner shall not cause or permit any use of
<br /> Owners Property which interferes with or impairs the qu lity 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. DEFAL/LT. Except as expressly limited herein, wner and APT shall each have such remedies for the
<br /> default of the other party hereto as may be provided at I w 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 Owne and subject to all applicable cure periods provided to
<br /> Owner in this Agreement ( and if no such notice and cure pe�iod is provided, following thirty (30) days written
<br /> R:�I,egalWiAIL MERGE DOCUMENTS�Basic Package Doc entsWlM_Conditional SA Land Revl 042397.doc 3 11/l9
<br />
|