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<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 Environnental Law (as defined below) that result, in the case of'1'mant, from
<br />operations in or about the Property by Tcnant 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 ETtective 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 o. contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall
<br />include, without limitation, any petioieum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos
<br />in city form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or lite
<br />environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or re- aimed 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 at administrative interpretations thereof, including orders, decrees, judgments, rulings,
<br />directives o notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmcntal
<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 envircumnent.
<br />19. Miscellaneous.
<br />(a) This Agrecmant 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) 130111 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, taws, ordinances and regulations of any competent government
<br />authority,
<br />(c) If any provision of this Agreement is invalid or unenforceable with respect to an)' 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 successes 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 con ier 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: Mi. Jay Hartman
<br />Phone: (612) 789-8881
<br />Tenant:
<br />Nextel West Corp.
<br />400 West Grand Avenue
<br />Elmhurst, Illinois 60126
<br />Athn: 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 />10.15.2004
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