S Lease Agreement between Orange County and American Towers LLC

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Site Name:Phelps NC Site Number: 280138 (d) The substantially prevailing party in any litigation arising hereunder is entitled to its reasonable attorney's fees and court costs,including appeals, if any. (e) Each party agrees to furnish to the other, within 30 days after request, such estoppel information as the other may reasonably request. (f) This Agreement constitutes the entire agreement and understanding of Landlord and American Tower with respect to the subject matter of this Agreement, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not stated in this Agreement. Any amendments to this Agreement must be in writing and executed and delivered by Landlord and American Tower. (g) If either Landlord or American Tower is represented by a real estate broker in this transaction, that party is fully responsible for any fees due such broker and will hold the other party harmless from any claims for commission by such broker. (h) The Agreement will be construed in accordance with the laws of the state in which the Site is situated. (i) If any term of the Agreement is found to be void or invalid, the remainder of this Agreement will continue in full force and effect. (j) American Tower may obtain title insurance on its interest in the Site, and Landlord will cooperate by executing any documentation required by the title insurance company. (k) This Agreement may be executed in two or more counterparts, all of which are considered one and the same agreement and become effective when one or more counterparts have been signed by each of the parties,it being understood that all parties need not sign the same counterpart. (1) Landlord will not, during the Option Period or the Term, enter into any other lease, license, or other agreement for the same or similar purpose as the Intended Use, on or adjacent to the Property. (m) Failure or delay on the part of either party to exercise any right, power or privilege hereunder will not operate as a waiver thereof and waiver of breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach. (n) The parties agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specified terms or were otherwise breached. Therefore,the parties agree the parties will be entitled to an injunction(s)in any court in the state in which the Site is located to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions of the Agreement,this being in addition to any other remedy to which the parties are entitled at law or in equity. (o) Each party executing this Agreement acknowledges that it has full power and authority to do so and that the person executing on its behalf has the authority to bind the party. (p) This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Any and all suits or actions to enforce, interpret, or seek damages with respect to, any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have (sK01 i 162.DOCx 2)14