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17 <br />Site Name: Phelps NC <br />Site Number: 280138 <br />employees, agents grantees, licensees, Collocators, subcontrators, or any other person accessing the <br />Property, and to real and personal property including loss of use resulting thereof; <br />(c) Comprehensive Automobile Liability Insurance, including hired and non -owned vehicles, <br />if any, covering personal injury or death, and property damage. <br />(e) Professional Liability as needed. <br />19. Waiver of Damages. <br />(a) In the event that American Tower does not exercise its Option: (i) Landlord's sole <br />compensation and damages will be fixed and liquidated to the sums paid by American Tower to Landlord <br />as consideration for the Option; and (ii) Landlord expressly waives any other remedies it may have for a <br />breach of this Agreement including specific performance and damages for breach of contract. <br />(b) Neither Landlord nor American Tower will be responsible or liable to the other party for <br />any loss or damage arising from any claim to the extent attributable to any acts of omissions of other <br />licensees or tower users occupying the Tower Facilities or vandalism or for any structural or power <br />failures or destruction or damage to the Tower Facilities except to the extent caused by the negligence or <br />willful misconduct of such party. <br />(c) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT <br />WILL LANDLORD OR AMERICAN TOWER BE LIABLE TO THE OTHER FOR, AND AMERICAN <br />TOWER AND LANDLORD EACH HEREBY WAIVE THE RIGHT TO RECOVER INCIDENTAL, <br />CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE OR <br />LOSS OF BUSINESS OPPORTUNITY), PUNITIVE, EXEMPLARY, AND SIMILAR DAMAGES. <br />20. Confidentiality. Landlord will not disclose to any third party the Rent payable by American <br />Tower under this Agreement and will treat such information as confidential, except that Landlord may <br />disclose such information to prospective buyers, prospective or existing lenders, Landlord's affiliates and <br />attorneys, or as may be required by law or as may be necessary for the enforcement of Landlord's rights <br />under the Agreement. American Tower acknowledges Landlord is a governmental entity subject to North <br />Carolina public records laws. Should American Tower contend any of the terms of this Agreement or any <br />other document or record related to the performance of this Agreement are exempt from North Carolina <br />public records laws and should be withheld as a non - public record American Tower shall, upon executing <br />this Agreement, notify Landlord of such contention and provide a complete list of all documents or <br />records or parts thereof American Tower contends are exempt. American Tower shall be solely <br />responsible for defending any action seeking production of documents or records which American Tower <br />claims are exempt from production together with all costs and fees associated with such defense. <br />American Tower releases Landlord from any liability associated with the inadvertent release of such <br />documents or records. Further, American Tower will indemnify and hold harmless Landlord from any <br />fines, costs, fees, or damages associated with the failure to produce any documents or records associated <br />with the relationship between American Tower and Landlord. <br />21. Subordination Agreements. <br />(a) If the Site is encumbered by a mortgage or deed of trust, within 30 days of receipt of a <br />written request from American Tower, Landlord agrees to execute and obtain the execution by its lender <br />of a non - disturbance and attornment agreement in the form provided by American Tower, to the effect <br />that American Tower and American Tower's sublessees and licensees will not be disturbed in their <br />occupancy and use of the Site by any foreclosure or to provide information regarding the mortgage to <br />American Tower. <br />{SK011162.D0CX 2 112 <br />