Orange County NC Website
Browse       Search
Site Name:Phelps NC <br /> Site Number: 280138 <br /> (c) Upon 30 days' written notice from American Tower to Landlord if the Site is or becomes <br /> unsuitable, in American Tower's sole, but reasonable judgment for use as a wireless communications <br /> facility by American Tower or by American Tower's licensee(s) or sublessee(s). Should American <br /> Tower terminate this Agreement based on this paragraph American Tower shall be responsible for full <br /> Rent payments for the 3-month period immediately following Landlord's receipt of the notice required by <br /> this paragraph. <br /> (d) Upon eighteen (18) months written notice from Landlord to American Tower if Landlord's <br /> statutory governmental authority is modified or changed in a manner that restricts or prohibits Landlord's <br /> authority to engage in the activities contemplated herein. <br /> (e) Except upon circumstances as reflected in paragraph 11(c) in the event of termination by <br /> American Tower or Landlord pursuant to this provision,American Tower and Landlord shall be relieved <br /> of all further liability hereunder. <br /> 12. Taxes. <br /> (a) American Tower will pay any personal property taxes assessed on or attributable to the <br /> Tower Facilities. American Tower will reimburse Landlord for any increase to Landlord's real property <br /> taxes that are directly attributable to American Tower's Site and/or Tower Facilities upon receipt of the <br /> following: (1)a copy of Landlord's tax bill;(2)proof of payment; and(3)written documentation from the <br /> assessor of the amount attributable to American Tower. American Tower shall have no obligation to <br /> reimburse Landlord for any taxes paid by Landlord unless Landlord requests reimbursement within 12 <br /> months of the date said taxes were originally due. Additionally, as a condition precedent to Landlord <br /> having the right to receive reimbursement,Landlord shall,within 3 days of receipt of any notice from the <br /> taxing authority of any assessment or reassessment, provide American Tower with a copy of said notice. <br /> American Tower shall have the right to appeal any assessment or reassessment relating to the Site or <br /> Tower Facilities and Landlord shall either(i)designate American Tower as its attorney-in-fact as required <br /> to effect standing with the taxing authority,or(ii)join American Tower in its appeal. <br /> (b) Landlord will pay when due all real property taxes and all other fees and assessments <br /> attributable to the Property, Compound and Easement. If Landlord fails to pay when due any taxes <br /> affecting the Property or the Site, American Tower will have the right,but not the obligation,to pay such <br /> taxes and either: (i) deduct the full amount of the taxes paid by American Tower on Landlord's behalf <br /> from future installments of Rent,or(ii)collect such taxes by any lawful means. <br /> 13. Environmental Compliance. <br /> (a) Landlord represents and warrants that: <br /> (i) No Hazardous Materials have been used, generated, stored or disposed of, on, <br /> under or about the Property in violation of any applicable law, regulation or administrative order <br /> (collectively, "Environmental Laws") by either Landlord or to Landlord's knowledge, any third <br /> party; and <br /> (ii) To Landlord's knowledge,no third party been permitted to use,generate,store or <br /> dispose of any Hazardous Materials on, under, about or within the Property in violation of any <br /> Environmental Laws. <br /> {SKOI 1162.DOCX 2}8 <br />