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19 <br />Site Name: Phelps NC <br />Site Number: 280138 <br />(d) The substantially prevailing party in any litigation arising hereunder is entitled to its <br />reasonable attorney's fees and court costs, including appeals, if any. <br />(e) Each party agrees to furnish to the other, within 30 days after request, such estoppel <br />information as the other may reasonably request. <br />(f) This Agreement constitutes the entire agreement and understanding of Landlord and <br />American Tower with respect to the subject matter of this Agreement, and supersedes all offers, <br />negotiations and other agreements. There are no representations or understandings of any kind not stated <br />in this Agreement. Any amendments to this Agreement must be in writing and executed and delivered by <br />Landlord and American Tower. <br />(g) If either Landlord or American Tower is represented by a real estate broker in this <br />transaction, that party is fully responsible for any fees due such broker and will hold the other party <br />harmless from any claims for commission by such broker. <br />(h) The Agreement will be construed in accordance with the laws of the state in which the <br />Site is situated. <br />(i) If any term of the Agreement is found to be void or invalid, the remainder of this <br />Agreement will continue in full force and effect. <br />(j) American Tower may obtain title insurance on its interest in the Site, and Landlord will <br />cooperate by executing any documentation required by the title insurance company. <br />(k) This Agreement may be executed in two or more counterparts, all of which are <br />considered one and the same agreement and become effective when one or more counterparts have been <br />signed by each of the parties, it being understood that all parties need not sign the same counterpart. <br />(1) Landlord will not, during the Option Period or the Term, enter into any other lease, <br />license, or other agreement for the same or similar purpose as the Intended Use, on or adjacent to the <br />Property. <br />(m) Failure or delay on the part of either party to exercise any right, power or privilege <br />hereunder will not operate as a waiver thereof and waiver of breach of any provision hereof under any <br />circumstances will not constitute a waiver of any subsequent breach. <br />(n) The parties agree that irreparable damage would occur if any of the provisions of this <br />Agreement were not performed in accordance with their specified terms or were otherwise breached. <br />Therefore, the parties agree the parties will be entitled to an injunction(s) in any court in the state in which <br />the Site is located to prevent breaches of the provisions of this Agreement and to enforce specifically the <br />terms and provisions of the Agreement, this being in addition to any other remedy to which the parties are <br />entitled at law or in equity. <br />(o) Each party executing this Agreement acknowledges that it has full power and authority to <br />do so and that the person executing on its behalf has the authority to bind the party. <br />(p) This Agreement and the duties, responsibilities, obligations and rights of respective <br />parties hereunder shall be governed by the laws of the State of North Carolina. Any and all suits or <br />actions to enforce, interpret, or seek damages with respect to, any provision of, or the performance or <br />non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina <br />sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have <br />{SK011162.DOCX 2 114 <br />