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<br /> � SITE ID: A-2-G-082-G
<br /> � ' SITE NAME:City of Zephyrhilis
<br /> Property contains substances of the type described in Secti n 11 of this Agreement, or(g)APT determines that the
<br /> Project Site is not appropriate for its operations for economi , environmental or technological reasons, or(h) Ovmer
<br /> fails bo provide to APT complete and correct oopies of any g und lease or other document pursuant to which Owner
<br /> holds title to the Owne�s Property. Such termination shall t constitute a waiver of APTs rights under Paragraph 15
<br /> of this Agreement
<br /> 10. INDEMN/Tl! Owner and APT each indemnify th other against, and hold the other harmless from any
<br /> and all costs (including reasonable attomey's fees and xpenses) and claims, ac�tions, damages, obligations,
<br /> liabil'�ties and liens which arise out of(a)the b�ach of thi Agreement by the indemn'ifying party; and (b) the use
<br /> and/or occupancy of the Project Site, or the balance of Owners Property, by such indemnifying party. This
<br /> indemn'ity shall not apply to any claims, acGons, dama es, obligatlons, liab(IiUes 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 represe ts that Owner has no knowledge of any substance,
<br /> chemical, or waste on the Owners Property that is identl as hazardous, toxic or dangerous in any applicable
<br /> f�ederal, state or local law, ordinance, rule or regulati ("Hazardous Substances"). Owner shall hoid 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 a meys' fees resuldng from the presence of Hazardous
<br /> Substances on, under or around the Owners Property or esulting from Hazardous Substances being generated,
<br /> stored, disposed of, or transported to, on, under, or a und the Owne�'s Property as long as the Hazardous
<br /> Substances were not generated, stored, disposed of, r transported by APT or its employees, agents or
<br /> contractors.The temns of this paragraph shail survive the xpiration ar ea�lier tertnination of this Agreemen�
<br /> 12. CASUALTY/CONDEMNATION. If any portion of e Oumers Property, Project Site or the APT Facii'�ties is
<br /> damaged by any casualty and such damage adversely a APTs use of the Project Site or the APT Facilities, or
<br /> if a condemning authority takes any portion of the Owners Property and such taking adversely affects APTs use of
<br /> the Project Site or the APT Facilities, this Ag�eement sha I tertninate as of the date of the casualhr or the date on
<br /> which title vests in the condemning autfioriiy,as the case y be if APT gives Hrritten notice of the same within thirty
<br /> (30)days after APT receives notice of such casualty or ta 'ng. The parties shall be entitled to make claims in any
<br /> condemnation proceeding for value of their respective int ts in the P�oject Site(which for APT may include,where
<br /> applir,�ble, the value of the APT Facil'ities, moving expen , prepaid rent, and business dislocation and relocation
<br /> damages). Sale of all or part of the Project Site to a pu aser with the power of eminent domain in the face of the
<br /> exercise of the power shall be treated as a taking by conde nation.
<br /> 13. WAIVER OF OWNER'S LlEN. To the extent rmitted by law, Owner hereby waives any and all lien
<br /> rights it has or may have, statutory or otherwise, conce ing the APT Facilides 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. QUIET ENJOYMENT. APT, upon payment of th Rent, shall peaceably and quietly have, hold and enjoy
<br /> the Project Site. If, as of the date of execution of this greement or hereafter, there is any mortgage, or other
<br /> encumbrance affecting Owners Property, then Owner a rees to obtain from the holder of such encumbrance a
<br /> Subordina�on, Non-Disturbance and Attomment Agree ent 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 q ality of the communication services being rendered by
<br /> APT from the Project Site. Except in cases of emergen , Owner shall not have access to the Project Site unless
<br /> accompanied by APT personnel.
<br /> 15. DEFAULT. Except as expressty limited herein, Owner and APT shall each have such�remedies for the
<br /> default of the other party hereto as may be provided at aw 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 Own r and subject to all applicable cure periods provided to
<br /> Owner in this Agreement ( and if no such notice and ure period is provided, following thirty (30) days written
<br /> R:U.ega1�MAIL MERGE DOCUMENTS�Basic Package Doc entsU�iM Conditional SA Land Revl 042397.doc 3 1 I/19
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