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Site Name:Phelps NC
<br /> Site Number:280138
<br /> (b) Landlord will not, and will not permit any third party to use, generate, store or dispose of
<br /> any Hazardous Materials on,under,about or within the Property in violation of any Environmental Laws.
<br /> (c) American Tower agrees that it will not use, generate, store or dispose of any Hazardous
<br /> Material on, under, about or within the Site in violation of any applicable laws, regulations or
<br /> administrative orders.
<br /> (d) The term "Hazardous Materials" means any: contaminants, oils, asbestos, PCBs,
<br /> hazardous substances or wastes as defined by federal, state or local environmental laws, regulations or
<br /> administrative orders or other materials the removal of which is required or the maintenance of which is
<br /> prohibited or regulated by any federal, state or local government authority having jurisdiction over the
<br /> Property.
<br /> 14. Indemnification.
<br /> (a) General.
<br /> (i) To the extent authorized by North Carolina law Landlord, its grantees,
<br /> successors, and assigns will exonerate, hold harmless, indemnify, and defend American Tower
<br /> from any claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of
<br /> action, including costs and reasonable attorney's fees, which may arise out of the negligent acts
<br /> of Landlord, its grantees, successors, and assigns, which acts are directly related to Landlord's
<br /> performance of this Agreement and which acts directly cause: (A) any injury to or death of any
<br /> person; (B)any damage to property,if such injury, death or damage arises out of or is attributable
<br /> to or results from the acts or omissions of Landlord, or Landlord's principals, employees,
<br /> invitees, agents or independent contractors; or (C) any breach of any representation or warranty
<br /> made by Landlord in this Agreement.
<br /> (ii) To the extent authorized by North Carolina law American Tower, its grantees,
<br /> successors, and assigns will exonerate, hold harmless, indemnify, and defend Landlord from any
<br /> claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of action,
<br /> including costs and reasonable attorney's fees, which may arise out of the negligent acts of
<br /> American Tower, its grantees, successors, and assigns, which acts are directly related to
<br /> American Tower's performance of this Agreement and which acts directly cause: (A) any injury
<br /> to or death of any person; (B) any damage to property, if such injury, death or damage arises out
<br /> of or is attributable to or results from the negligent acts or omissions of American Tower, or
<br /> American Tower's employees, agents or independent contractors; or (C) any breach of any
<br /> representation or warranty made by American Tower in this Agreement.
<br /> (b) Environmental Matters.
<br /> (i) To the extent authorized by North Carolina law Landlord, its grantees,
<br /> successors, and assigns will indemnify, defend, reimburse and hold harmless American Tower
<br /> from and against any and,all damages arising from the presence of Hazardous Materials upon,
<br /> about or beneath the Property or migrating to or from the Property or arising in any manner
<br /> whatsoever out of the violation of any Environmental Laws, which conditions exist or existed
<br /> prior to or at the time of the execution of this Agreement or which may occur at any time in the
<br /> future through no fault of American Tower.
<br /> (ii) To the extent authorized by North Carolina law American Tower, its grantees,
<br /> successors, and assigns will indemnify, defend, reimburse and hold harmless Landlord from and
<br /> against environmental damages caused by the presence of Hazardous Materials on the Compound
<br /> (SK011162;DOCX 2)9
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