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Except for the interest of the third party financing entity referenced in Section 9 above, Tenant shall not mortgage, pledge, hypothecate
<br />or otherwise transfer its interest in this Agreement or in the Tenant Fixtures.
<br />16. Warranty of Title and Quiet Enjoyment. Landlord warrants that: (i) Landlord owns the Property in fee simple, has rights
<br />of access thereto from the nearest public roadway, which Tenant is legally permitted to use, and the Property and access rights are free
<br />and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and
<br />agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in
<br />default hereunder after notice and expiration of any applicable cure periods.
<br />17. Repairs: Maintenance. Tenant shall repair any damage to the Premises or Property caused by Tenant. Upon expiration or
<br />termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon start of construction,
<br />reasonable wear and tear and loss by casualty excepted. As part of the regular maintenance of the Water Tank and during the term of
<br />this Agreement, Landlord may from time to time paint the Water Tank. In such case, upon 30 days' prior written notice from Landlord,
<br />Tenant will remove all of its cellular phone antennas from the Water Tank. Tenant shall then be allowed to locate its antennas on a
<br />temporary antenna support structure provided by Tenant. Such temporary antenna support structure may be located in the immediate
<br />vicinity of the Water Tank, at such a location that will allow the antennas to operate for Tenant's intended purpose, but which will not
<br />interfere with the painting of the Water Tank. Upon completion of the painting of the Water Tank, Landlord shall provide written
<br />notice to Tenant of the same, and Tenant shall promptly reinstall its antennas on the Water Tank, and Tenant shall further remove the
<br />temporary antenna support structure from the Premises or the vicinity of the Premises, as the case may be. Tenant shall also, at that
<br />time, have its antennas painted the same color as the Water Tank. All Tenant's actions described in this Section 17 shall be performed
<br />at Tenant's sole cost and expense. Tenant agrees that all of Tenant's obligations contained in this Agreement, including but not limited
<br />to, defense, indemnification, and insurance obligations, shall continue during such time as Tenant's antennas are removed from the
<br />Water Tank, and shall be extended to cover Tenant's activities on the Premises, specifically including but not limited to, the presence
<br />and operation of Tenant's temporary antenna support structure. In addition, upon prior written notice from Landlord, Tenant agrees to
<br />promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Premises, including painting or other
<br />maintenance of the Water Tank, that care caused by Tenant's occupancy of the Premises. Upon prior written notice from Landlord,
<br />Tenant further agrees to cooperate with Landlord in the performance of any maintenance of the Water Tank, including turning down
<br />the cell site when maintenance workers are in the immediate vicinity of the antennas; provided, however, that Tenant has the right to
<br />leave its antennas in place during any such maintenance of the Water Tank, which maintenance does not include painting.
<br />18. Hazardous Material.
<br />(a) As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate,
<br />handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any Environmental Law
<br />(as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous
<br />Material located in, on, under, upon or affecting the Property in violation of any Environmental Law; (ii) no notice has been received
<br />by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of
<br />the Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any
<br />Environmental Law for any environmental damage (or the presencd of any Hazardous Material) in, on, under, upon or affecting the
<br />Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on,
<br />under, upon, or affecting the Property in violation of any Environmental Law.
<br />(b) Without limiting Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold the other harmless from
<br />and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and
<br />expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 18 by such party; and/or (ii)
<br />environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from
<br />operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the
<br />ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective
<br />agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 18 shall apply as of the Effective Date
<br />of this Agreement and survive termination of this Agreement.
<br />(c) "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 Environmental Law, and shall
<br />include, without limitation, any petroleum or petroleum products or by- products, flammable explosives, radioactive materials, asbestos
<br />in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the
<br />10.15.2004
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