|
underground) and products/completed operations; (iii) automobile liability; and (iv) fire and
<br /> extended coverage insurance. Notwithstanding the rights of any insurer, nothing herein shall
<br /> affect the authority of the Attorney General of North Carolina, including but not limited to, the
<br /> Attorney General's authority to represent Lessor in any and all litigation.
<br /> 17. Lessee's Liability. As between Lessee and Lessor, Lessee, subject to the terms of this
<br /> Lease, shall be primarily liable for the negligent or intentional acts or omissions of its agents,
<br /> contractors or employees. As to third parties, to the extent covered, in accordance with
<br /> applicable law, by any insurance policy or reserve fund, Lessee agrees to save Lessor harmless
<br /> from and against any and all loss, damage, claim, demand, liability, or expense, including
<br /> reasonable attorney fees, by reason of damage to person or property on or about the Premises,
<br /> which may arise or be claimed to have arisen as a result of the use of the Premises by Lessee or
<br /> which may arise out of the installation, operation, repair, maintenance, inspection, or removal of
<br /> Communications Equipment by Lessee, its agents or employees, except where such loss or
<br /> damage arises from the willful or negligent misconduct of Lessor,its agents or employees.
<br /> 18. Environmental Laws. Lessee represents warrants and agrees that it will conduct its
<br /> activities on the Premises and the Site in compliance with all applicable environmental laws.
<br /> Lessee will be liable for the existence or discovery of any hazardous substance on or about the
<br /> Premises or the Site or for the migration of any hazardous substance to other properties or for the
<br /> release of any hazardous substance into the environment in violation of applicable environmental
<br /> laws, arising solely from Lessee's use of the Premises. Lessee shall be responsible for, and
<br /> promptly conduct any investigation and remediation as required by any environmental law or
<br /> common law, of all spills or other release of hazardous substances, that may occur as result of
<br /> Lessee's use of the Premises. Lessee agrees to save Lessor harmless from and against any and
<br /> all liens, demands, defenses, suits, proceedings, disbursements, liabilities, losses, litigation,
<br /> damages, judgments, obligations, penalties, injuries, costs, expenses (including, without
<br /> limitation, attorneys' and experts' fees) and claims of any and every kind whatsoever paid,
<br /> incurred, suffered by, or asserted against Lessor with respect to, or as a direct or indirect result of
<br /> the violation of any environmental laws applicable to the Premises or the Site, caused by or
<br /> within the control of Lessee, specifically including any cost incurred in connection with the
<br /> investigation of site conditions or the cleanup, remediation, removal, or restoration work
<br /> required by any governmental authority.
<br /> 19. Right to Terminate. Either Party may terminate this Lease at any time by giving the other
<br /> Party not less than thirty(30)days written notice of its intent to so terminate.
<br /> 20. Surrender Upon Termination of Lease. Upon the expiration of the Term or the earlier
<br /> termination of this Lease, Lessee shall surrender the Premises in as good condition as at the
<br /> beginning of the Team,reasonable use and wear by the elements excepted. The Communications
<br /> Equipment and other apparatus installed by Lessee shall remain the property of Lessee and shall
<br /> be removed from the Tower and the Site at Lessee's own expense without damage or injury to
<br /> the Tower,the Site or any other property of Lessor.
<br /> 21. Assignment and Subleasing. Lessee shall not assign this Lease or sublet the Premises or
<br /> any part thereof without the prior written consent of Lessor.
<br /> Page 5 of 9
<br />
|