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

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Site Name: Phelps NC Site Number: 280138 13 (c) Upon 30 days' written notice from American Tower to Landlord if the Site is or becomes unsuitable, in American Tower's sole, but reasonable judgment for use as a wireless communications facility by American Tower or by American Tower's licensee(s) or sublessee(s). Should American Tower terminate this Agreement based on this paragraph American Tower shall be responsible for full Rent payments for the 3 -month period immediately following Landlord's receipt of the notice required by this paragraph. (d) Upon eighteen (18) months written notice from Landlord to American Tower if Landlord's statutory governmental authority is modified or changed in a manner that restricts or prohibits Landlord's authority to engage in the activities contemplated herein. (e) Except upon circumstances as reflected in paragraph I I (c) in the event of termination by American Tower or Landlord pursuant to this provision, American Tower and Landlord shall be relieved of all further liability hereunder. 12. Taxes. (a) American Tower will pay any personal property taxes assessed on or attributable to the Tower Facilities. American Tower will reimburse Landlord for any increase to Landlord's real property taxes that are directly attributable to American Tower's Site and/or Tower Facilities upon receipt of the following: (1) a copy of Landlord's tax bill; (2) proof of payment; and (3) written documentation from the assessor of the amount attributable to American Tower. American Tower shall have no obligation to reimburse Landlord for any taxes paid by Landlord unless Landlord requests reimbursement within 12 months of the date said taxes were originally due. Additionally, as a condition precedent to Landlord having the right to receive reimbursement, Landlord shall, within 3 days of receipt of any notice from the taxing authority of any assessment or reassessment, provide American Tower with a copy of said notice. American Tower shall have the right to appeal any assessment or reassessment relating to the Site or Tower Facilities and Landlord shall either (i) designate American Tower as its attorney -in -fact as required to effect standing with the taxing authority, or (ii) join American Tower in its appeal. (b) Landlord will pay when due all real property taxes and all other fees and assessments attributable to the Property, Compound and Easement. If Landlord fails to pay when due any taxes affecting the Property or the Site, American Tower will have the right, but not the obligation, to pay such taxes and either: (i) deduct the full amount of the taxes paid by American Tower on Landlord's behalf from future installments of Rent, or (ii) collect such taxes by any lawful means. 13. Environmental Compliance. (a) Landlord represents and warrants that: (1) No Hazardous Materials have been used, generated, stored or disposed of, on, under or about the Property in violation of any applicable law, regulation or administrative order (collectively, "Environmental Laws ") by either Landlord or to Landlord's knowledge, any third party; and (ii) To Landlord's knowledge, no third party been permitted to use, generate, store or dispose of any Hazardous Materials on, under, about or within the Property in violation of any Environmental Laws. {SK011162.DOCX 2 18