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SITE NAME Lino Lakes WT - Apollo Dr B 4th Ave
<br />SITE NUMBER: MN- MSP0126
<br />or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right
<br />to terminate this Agreement immediately upon written notice to Landlord.
<br />15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
<br />warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
<br />warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
<br />behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable
<br />environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
<br />third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
<br />Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant
<br />shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including,
<br />without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any
<br />breach of any representation or warranty made in this Paragraph 15 by such party; and /or (ii) environmental
<br />conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations
<br />in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from
<br />the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in
<br />interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this
<br />Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
<br />"Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
<br />substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable
<br />environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
<br />products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any
<br />other substance or material which constitutes a threat to health, safety, property or the environment or which has
<br />been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
<br />applicable environmental law or regulation.
<br />16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory
<br />or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the
<br />purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
<br />Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether
<br />before or after a default under this Agreement, in Tenant's and /or Mortgagee's sole discretion and without
<br />Landlord's consent.
<br />17. Notices. All notices, requests, demands and other communications hereunder shall be in writing
<br />and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
<br />next - business -day delivery by a nationally recognized overnight carrier to the following addresses:
<br />If to Tenant, to:
<br />With a copy to:
<br />If to Landlord, to:
<br />Clear Wireless LLC
<br />Clear Wireless LLC
<br />City of Lino Lakes
<br />Attn: Site Leasing
<br />Attention: Legal Department
<br />Attn: Rick DeGardner
<br />4400 Carillon Point
<br />4400 Carillon Point
<br />600 Town Center Parkway
<br />Kirkland, WA 98033
<br />Kirkland, WA 98033
<br />Lino Lakes, MN 55014
<br />Telephone: 425- 216 -7600
<br />Telephone: 425 -216 -7600
<br />Telephone: 651- 982 -2444
<br />Fax: 425- 216 -7900
<br />Fax: 425 -216 -7900
<br />Email: Siteleasing @clearwire.com
<br />Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other
<br />party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
<br />18. Marking and Lighting. Landlord shall be responsible for compliance with all marking and
<br />lighting requirements of the Federal Aviation Administration ( "FAA ") and the FCC. Should Tenant be cited
<br />because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, Tenant
<br />may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense,
<br />which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or
<br />coming due, to Landlord.
<br />Clearwire Communication Tower Agreement
<br />- 4-
<br />v.5 -22 -06
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