Agenda - 09-05-2013 - 6b - Laserfiche WebLink

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11 Site Name: Phelps NC Site Number: 280138 will, upon American Tower's request, execute a separate recordable written easement or lease to the utility company providing such service evidencing this right. (c) American Tower and the Collocators each may install backup generator(s) and other systems related to generator status communication. 8. Access (a) In the event that the Site loses access to a public right of way during the Term, Landlord and American Tower will amend this Agreement, at no imposed cost to either party, to provide access to a public way by: (1) amending the location of the Easement; or (ii) granting an additional easement to American Tower. (b) To the extent damage (including wear and tear caused by normal usage) to the Easement or any other route contemplated hereunder intended to provide American Tower with access to the Site and the Tower Facilities is caused by Landlord or Landlord's tenants, licensees, invites or agents, Landlord will repair the damage at its own expense. (c) American Tower will maintain access to the Compound from a public way in a free and open condition so that no unreasonable interference is caused to Landlord or lessees, licensees, invitees or agents of Landlord, or lessees, licensees, invitees or agents of American Tower. In the event that access to the Compound is impeded or denied American Tower or any Collocator, Landlord will remedy the impediment to access within twenty -four (24) hours of receiving notice that access has been impeded or denied. Should access continued to be impeded or denied for longer than twenty -four (24) hours after Landlord has received notice, American Tower may, without waiving any other rights that it may have at law or in equity, employ reasonable methods to restore access without the prior consent of Landlord, including, without limitation, cutting of felled trees. Notwithstanding the twenty -four (24) notice period, in the event of an emergency, American Tower and/or its Collocators may employ reasonable methods to restore access without the prior consent of Landlord, including, without limitation, cutting of felled trees. In the event that access is denied through any grossly negligent or willful act or omission of Landlord, its licensees, tenants, assigns or employees, American Tower is entitled to any actual damages suffered and may pursue any and all legal and equitable rights and remedies permitted under applicable laws. 9. Representations and Warranties of Landlord. Landlord represents and warrants to American Tower and American Tower's successors and assigns: (a) Landlord has the full right, power, and authority to execute this Agreement; (b) There are no pending or threatened administrative actions, including bankruptcy or insolvency proceedings under state or federal law, suits, claims or causes of action against Landlord or which may otherwise affect the Property; (c) The Property is not presently subject to an option, lease or other contract which may adversely affect Landlord's ability to fulfill its obligations under this Agreement, and the execution of this Agreement by Landlord will not cause a breach or an event of default of any other agreement to which Landlord is a party. Landlord agrees that it will not grant an option or enter into any contract or agreement which will have any adverse effect on the Intended Use or American Tower's rights under this Agreement; (d) No licenses, rights of use, covenants, restrictions, easements, servitudes, subdivision rules or regulations, or any other encumbrances relating to the Property prohibit or will interfere with the Intended Use; {SK011162.DOCX 2 16