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SITE NAME Lino Lakes WT - Apollo Dr & 4th .Ave <br />SITE NUMBER. MN- MSPOI26 <br />19. Miscellaneous. <br />19.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant <br />in advance in writing of the payee's name and address. <br />19.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to <br />its reasonable attorney's fees and court costs, including appeals, if any. <br />19.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, <br />the remainder of this Agreement or the application of such provision to persons other than those as to whom it is <br />held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and <br />enforceable to the fullest extent permitted by law. <br />19.4 Terms and conditions of this Agreement which by their sense and context survive the <br />termination, cancellation or expiration of this Agreement will so survive. <br />19.5 This Agreement shall be governed under law of the State in which the Premises are <br />located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective <br />parties. <br />19.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded <br />by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any <br />Renewal Terms, and /or other reasonable terms consistent with this Agreement. <br />19.7 All Exhibits referred herein are incorporated herein for all purposes. <br />19.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance <br />Agreement for the benefit of Tenant from each lender with a security interest recorded upon the title to the Site at <br />the time of execution of this Agreement. <br />19.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all <br />understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no <br />representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of <br />any of the terms and conditions of this Agreement must be in writing and executed by both parties. <br />IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. <br />LANDLORD: TENANT: <br />The City of Lino Lakes, Clear Wireless LLC, a Nevada limited liability company <br />a municipal corporation <br />By: By: <br />Name: Name: <br />Title: Title: <br />Date: Date: <br />Tax I.D.: <br />Clearwire Communication Tower Aureement <br />5 <br />r 5 -22 -06 <br />