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• • • 1 -16, not state law. The arbitration will be conducted by a retired judge or practicing attorney under the rules of the American Arbitration Association. The arbitrator's decision will be final and may be entered in any court having jurisdiction. Each party is responsible for its own costs. The arbitration will be conducted in the county where the Easement Tract is located. 14. FCC Rules. Grantor acknowledges that Qwest, as a licensee under the rules and regulations of the Federal Communications Commission, is subject to certain federal requirements. Grantor will cooperate in good faith with Qwest in its efforts to comply with applicable federal requirements. 15. Relinquishment. In the event that Qwest, in its sole discretion, determines that Qwest no longer needs the Easement, Qwest may terminate this Agreement upon written notice to Grantor in recordable form. Upon termination of this Agreement, the parties will be released from all duties, obligations, liabilities and responsibilities under this Agreement, except for those obligations, which by their terms, survive the termination of this Agreement. 16. Removal Upon Grantor Termination. Upon termination of this Agreement, Qwest shall, at its sole expense and upon written request from Grantor given within ten (10) days after the termination of this Agreement, remove all of Qwest's telecommunications equipment and restore the Easement Tract to substantially its original condition, reasonable wear and tear expected. If this easement is terminated before twenty (20) years from the date of this agreement, Grantor shall pay to Qwest the unamortized (based on a straight -line amortization over twenty (20) years) costs incurred by Qwest in constructing the tower. 17. Applicable Law. This Agreement shall be interpreted and enforced according to the laws of the state of Minnesota. 18. Environmental. Grantor warrants and represents that, to its actual knowledge, neither the Total Property nor the Easement Tract contains any Hazardous Materials in any quantity that violates environmental law. Grantor will not use or conduct operations on or at the Easement Tract or the Total Property, or manufacture, store, sell, use, dispose of, release, or discharge Hazardous Materials on or at the Easement Tract or the Total Property, in any manner which violates environmental law or which causes there to be any liability under environmental law. Grantor will indemnify and hold Qwest harmless from and against any and all liability, claims, suits, actions, proceedings, damages, costs, and expenses, including, without limitation, attorneys' fees and costs, imposed upon or incurred by Qwest arising out of or in connection with a misrepresentation by Grantor of Grantor's representation set forth in this section, or a breach of the provisions of this section. "Hazardous Materials" means asbestos or any hazardous substance, waste or materials defined in any federal, state or local environmental or safety law or regulation including, but not limited to, CERCLA. Qwest will be solely responsible for and will SITE # EASEMENT REVISED 8/9/00 4