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underground) and products/completed operations; (iii) automobile liability; and (iv) fire and
<br />extended coverage insurance. Notwithstanding the rights of any insurer, nothing herein shall
<br />affect the authority of the Attorney General of North Carolina, including but not limited to, the
<br />Attorney General's authority to represent Lessor in any and all litigation.
<br />17. Lessee's Liability. As between Lessee and Lessor, Lessee, subject to the terms of this
<br />Lease, shall be primarily liable for the negligent or intentional acts or omissions of its agents,
<br />contractors or employees. As to third parties, to the extent covered, in accordance with
<br />applicable law, by any insurance policy or reserve fund, Lessee agrees to save Lessor harmless
<br />from and against any and all loss, damage, claim, demand, liability, or expense, including
<br />reasonable attorney fees, by reason of damage to person or property on or about the Premises,
<br />which may arise or be claimed to have arisen as a result of the use of the Premises by Lessee or
<br />which may arise out of the installation, operation, repair, maintenance, inspection, or removal of
<br />Communications Equipment by Lessee, its agents or employees, except where such loss or
<br />damage arises from the willful or negligent misconduct of Lessor, its agents or employees.
<br />18. Environmental Laws. Lessee represents warrants and agrees that it will conduct its
<br />activities on the Premises and the Site in compliance with all applicable environmental laws.
<br />Lessee will be liable for the existence or discovery of any hazardous substance on or about the
<br />Premises or the Site or for the migration of any hazardous substance to other properties or for the
<br />release of any hazardous substance into the environment in violation of applicable environmental
<br />laws, arising solely from Lessee's use of the Premises. Lessee shall be responsible for, and
<br />promptly conduct any investigation and remediation as required by any environmental law or
<br />common law, of all spills or other release of hazardous substances, that may occur as result of
<br />Lessee's use of the Premises. Lessee agrees to save Lessor harmless from and against any and
<br />ali liens, demands, defenses, suits, proceedings, disbursements, liabilities, losses, litigation,
<br />damages, judgments, obligations, penalties, injuries, costs, expenses (including, without
<br />limitation, attorneys' and experts' fees) and claims of any and every kind whatsoever paid,
<br />incurred, suffered by, or asserted against Lessor with respect to, or as a direct or indirect result of
<br />the violation of any environmental laws applicable to the Premises or the Site, caused by or
<br />within the control of Lessee, specifically including any cost incurred in connection with the
<br />investigation of site conditions or the cleanup, remediation, removal, or restoration work
<br />required by any governmental authority.
<br />19. Right to Terminate. Either Party may terminate this Lease at any time by giving the other
<br />Party not less than thirty (30) days written notice of its intent to so terminate.
<br />20. Surrender Upon Termination of Lease. Upon the expiration of the Term or the earlier
<br />termination of this Lease, Lessee shall surrender the Premises in as good condition as at the
<br />beo nning of the Term, reasonable use and wear by the elements excepted. The Communications
<br />Equipment and other apparatus installed by Lessee shall remain the property of Lessee and shall
<br />be removed from the Tower and the Site at Lessee's own expense without damage or injury to
<br />the Tower, the Site or any other property of Lessor.
<br />21. Assignment and Subleasing. Lessee shall not assign this Lease or sublet the Premises or
<br />any part thereof without the prior written consent of Lessor.
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