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environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
<br />Environmental Law.
<br />(d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes,
<br />ordinances, or by -laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings,
<br />directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental
<br />pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge,
<br />release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any
<br />Hazardous Material, or otherwise regulating or providing for the protection of the environment.
<br />19. Miscellaneous.
<br />(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers,
<br />negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in
<br />writing and executed by both parties.
<br />(b) Both parties represent and warrant that their use of the Property and their personal property located thereon is in
<br />compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government
<br />authority.
<br />(c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this
<br />Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be
<br />affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
<br />(d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the
<br />respective parties.
<br />(e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt
<br />requested, or reliable overnight courier to the address of the respective parties set forth below:
<br />Landlord:
<br />City of St. Anthony
<br />3301 Silver Lake Road
<br />Saint Anthony, Minnesota 55418 -1699
<br />Attn: Mr. Jay Hartman
<br />Phone: (612) 789 -8881
<br />Tenant:
<br />Nextel West Corp.
<br />400 West Grand Avenue
<br />Elmhurst, Illinois 60126
<br />Attn: Senior Manager Site Development
<br />Phone: (630) 379 -5700
<br />With a copy to:
<br />Sprint
<br />2001 Edmund Halley Drive
<br />Reston, VA 20191 -3436
<br />Second Floor, Mail Stop 213225
<br />Attn: Contracts Manager - Legal
<br />Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices
<br />hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
<br />(f) This Agreement shall be governed by the laws of the State of Minnesota.
<br />(g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as
<br />Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County
<br />where the Property is located.
<br />10.15.2004
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