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SITENAME 43
<br />SITE NUMBER: MN-MSP0210
<br />warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
<br />behalf of Landlord fi•om any governmental entity or any person or entity claiming any violation of any applicable
<br />environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
<br />third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
<br />Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant
<br />shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including,
<br />without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any
<br />breach of any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental
<br />conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations
<br />in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from
<br />the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in
<br />interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this
<br />Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
<br />"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 applicable
<br />environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
<br />products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any
<br />other substance or material which constitutes a threat to health, safety, property or the environment or which has
<br />been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
<br />applicable environmental law or regulation.
<br />17. Waiver of Landlord's Lien. Subject to the rights of any lender with a security interest as of
<br />the date hereof, Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the
<br />Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement,
<br />whether or not the same is deemed real or personal property under applicable laws, and Landlord gives 'tenant and
<br />Mortgagees the right to remove all or any portion of the same front time to time, whether before or after a default
<br />under this Agreement, in Tenant's and Mortgagee's sole discretion and without Landlord's consent.
<br />18. Notices. All notices, requests, demands and other communications hereunder shall be in writing
<br />and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
<br />next -business -day delivery by a nationally recognized overnight carrier to the following addresses:
<br />If to Tenant, to:
<br />With a copy to:
<br />If to Landlord, to:
<br />Clearwire
<br />Clearwire
<br />City of St. Anthony
<br />Attn: Site Leasing
<br />Attention: Legal Department
<br />Attn: Michael J. Monson
<br />4400 Carillon Point
<br />4400 Carillon Point
<br />City Manager
<br />Kirkland, WA 98033
<br />Kirkland, WA 98033
<br />3301 Silver Lake Road
<br />Telephone: 425-216-7600
<br />Telephone: 425-216-7600
<br />St. Anthony, MN 55418
<br />Fax: 425-216-7900
<br />Fax: 425-216-7900
<br />Email: Siteleasing(r)clearwire.com
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<br />Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other
<br />party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
<br />19. Marking_and Li hg tine. Landlord shall be responsible for compliance with all marking and
<br />lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited
<br />because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, 'tenant
<br />may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense,
<br />which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or
<br />corning due, to Landlord.
<br />20. Miscellaneous.
<br />20.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant
<br />in advance in writing of the payee's name and address.
<br />Clcuwim Communication Tower Agrecmau - 5- v5-22-06
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