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III12. ENVIRONMENTAL.
<br />(a) Landlord represents and warrants that the Property is free of hazardous substances as of the date
<br />of this Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any
<br />contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation.
<br />Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and
<br />industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental
<br />authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental
<br />or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or
<br />were related to that party's activity conducted in, or on the Property.
<br />(b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all
<br />duties, responsibilities, and liabilities at the sole cost and expense of the indemnifying party for, payment of
<br />penalties, sanctions, forfeitures, losses, costs, or damages, and for responding to any action, notice, claim, order,
<br />summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying
<br />party's failure to comply with any environmental or industrial hygiene law, including without limitation any
<br />regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of
<br />liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as
<br />may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or
<br />are in any way related to the condition of the Property and activities conducted by the party thereon, unless the
<br />environmental conditions are caused by the other party.
<br />(c) The indemnifications of this Paragraph 11 Environmental specifically include reasonable costs,
<br />expenses and fees incurred in connection with any investigation of Property conditions or any clean-up,
<br />remediation, removal or restoration work required by any governmental authority. The provisions of this
<br />io Paragraph 11 Environmental will survive the expiration or termination of this Agreement.
<br />(d) In the event Tenant becomes aware of any hazardous materials on the Property, or any
<br />environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sole
<br />determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant
<br />believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government
<br />action, intervention or third -party liability, Tenant will have the right, in addition to any other rights it may have at
<br />law or in equity, to terminate the Agreement upon notice to Landlord.
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<br />13. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant,
<br />Tenant and its employees, agents, and subcontractors, will have twenty -four (24) hour per day, seven (7) day per
<br />week pedestrian and vehicular access to and over the Property, from an open and improved public road to the
<br />Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving
<br />the Premises. Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant
<br />such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Upon Tenant's
<br />request, Landlord will execute a separate recordable easement evidencing this right. In the event any public
<br />utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional
<br />access or an easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant.
<br />14. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property
<br />by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at
<br />any time during the Term. Landlord covenants and agrees that no part of the Communication Facility
<br />constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a
<br />part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and
<br />nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant
<br />and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the
<br />termination of this Agreement, Tenant will remove all of Tenant's above - ground improvements and Tenant will,
<br />to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable
<br />Minnesota Option Structure Lease
<br />2005 6 Final Date: 050617
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