|
19
<br />abovo. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement,
<br />provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment may be
<br />evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of
<br />Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlord's Lien") above. This
<br />Agreement shall run with the Land and shall be binding upon and inure to the benefit of the parties, their respective successors,
<br />personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign,
<br />mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or
<br />agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii)
<br />has obligations evidenced by bonds, debentures, notes or similar instruments, m (iii) has obligations under m with respect to letters of
<br />credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
<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 ill
<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 the negligence or willful
<br />misconduct of: deleted) Tenant. Upon expiration or termination hereof, Tenant shall repair the Premises to substantially the condition
<br />in which it existed upon start of construction, reasonable wear and tear and loss by casualty for other causes beyond Tenant's
<br />reasonable control deleted] excepted. As part of the regular maintenance of the Water Tank and during the term of this
<br />Agreement, Landlord may from time to time paint the Water Tank. In such case, upon 30 days' prior written notice from
<br />Landlord, Tenant will remove all of its cellular phone antennas front the Water Tank. Tenant shall then be allowed to locate
<br />its antennas on a temporary antenna support structure provided by Tenant. Such temporary antenna support structure may
<br />be located in the immediate vicinity of tine Water Tank, at such a location that will allow tine antmunas to operate for Tenant's
<br />intended purpose, but which will not interfere with tine painting of the Water Tante. Upon completion of the painting of the
<br />Water Tank, Landlord shall provide written notice to Tenant of Cite some, and Tenant shall promptly reinstall its antennas on
<br />the Water Took, and Tenant shall further remove the temporary antenna support structure from the Premises or the vicinity
<br />of the Premises, as the case may be. Tenant shall also, at that time, have its antennas painted the same color as the Water
<br />'rank. All Tenant's actions described inn this Section 17 shall be perfornned at Tenant's sole cost and expense. Tenant agrees
<br />that all of Tenant's obligations contained in this Agreement, including bit not limited to, defense, indemnification, and
<br />insurance obligations, shall continue during such time as Tenant's antennas are removed from the Water Tads, and shall be
<br />extended to cover Tenant's activities oa the Premises, specifically including but not limited to, the presence and operation of
<br />Tenant's temporary antenna support structure. In addition, upon prim 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
<br />Landlord, Tenant further agrees to cooperate with Landlord in the performance of any maintenance of the Water Tank,
<br />including tuning clown the cell site when maintenance workers are in the immediate vicinity of the antennas; provided,
<br />however, that Tenant has the right to leave its antennas in place during any such maintenance of the Water Tank, which
<br />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 nn, 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 givon 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 ally
<br />Environmental Law for any environmental damage (or the presence of any Hazardous Material) in, on, under, upon or affecting tine
<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 />10.152004
<br />
|