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<br />Site Name: Phelps NC
<br />Site Number: 280138
<br />(e) Landlord has good and marketable fee simple title to the Site, the Property and any other
<br />property across which Landlord may grant an easement to American Tower or any Collocator, free and
<br />clear of all liens and encumbrances. Landlord covenants that American Tower will have the quiet
<br />enjoyment of the Compound during the term of this Agreement. If Landlord fails to keep the Site free
<br />and clear of any liens and encumbrances, American Tower will have the right, but not the obligation, to
<br />satisfy any such lien or encumbrance and to deduct the full amount paid by American Tower on
<br />Landlord's behalf from future installments of Rent;
<br />(f) American Tower will at all times during this Agreement enjoy ingress, egress, and access
<br />from the Site 24 hours a day, 7 days a week, to an open and improved public road which is adequate to
<br />service the Site and the Tower Facilities; and
<br />(g) These representations and warranties of Landlord survive the termination or expiration of
<br />this Agreement.
<br />10. Interference. Neither American Tower nor Landlord will use, nor will American Tower nor
<br />Landlord permit their tenants, licensees, invitees, or agents to use any portion of the Property in any way
<br />which interferes with the Intended Use, including, but not limited to, any use on the Property or Landlord
<br />owned surrounding property that causes electronic or physical obstruction or degradation of the
<br />communications signals from the Tower Facilities ( "Interference "). American Tower shall be solely
<br />responsible for resolving technical interference or Interference problems caused by the Tower Facilities or
<br />any equipment installed thereon to any emergency communications equipment. Interference directly
<br />caused by Landlord or its tenants, licensees, invitees, or agents will be deemed a material breach of this
<br />Agreement by Landlord and Landlord will have the responsibility to terminate Interference immediately
<br />upon written notice from American Tower. Notwithstanding anything in this Agreement to the contrary,
<br />if the Interference does not cease or is not rectified as soon as possible, but in no event longer than 24
<br />hours after American Tower's written notice to Landlord, Landlord acknowledges that continuing
<br />Interference will cause irreparable injury to American Tower, and American Tower will have the right, in
<br />addition to any other rights that it may have at law or in equity, to bring action to enjoin the Interference.
<br />Interference directly caused by American Tower or its tenants, licensees, invitees, or agents will be
<br />deemed a material breach of this Agreement by American Tower and American Tower will have the
<br />responsibility to terminate Interference immediately upon written notice from Landlord. Notwithstanding
<br />anything in this Agreement to the contrary, if the Interference does not cease or is not rectified as soon as
<br />possible, but in no event longer than 24 hours after Landlord's written notice to American Tower,
<br />American Tower acknowledges that continuing Interference will cause irreparable injury to Landlord, and
<br />Landlord will have the right, in addition to any other rights that it may have at law or in equity, to bring
<br />action to enjoin the Interference.
<br />11. Termination. This Agreement may be terminated upon written notice as follows:
<br />(a) By either party upon a default of any covenant or term of this Agreement by the other party
<br />which is not cured within 60 days of receipt of written notice of default (without, however, limiting any
<br />other rights available to the parties in law or equity); provided, that if the defaulting party commences
<br />efforts to cure the default within such period and diligently pursues such cure, the non - defaulting party
<br />may not terminate this Agreement as a result of that default.
<br />(b) Upon 30 days' written notice by American Tower to Landlord if American Tower is unable
<br />to obtain, maintain, renew or reinstate any agreement, easement, permit, certificates, license, variance,
<br />zoning approval, or any other approval which may be required from any federal, state or local authority
<br />necessary to the construction and operation of the Tower Facilities or to the Intended Use (collectively,
<br />the "Approvals "); or
<br />{SK011162.DOCX 2 17
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