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Site Name : Phelps NC <br /> Site Number : 280138 <br /> ( c ) American Tower shall not sell , assign , or transfer this Agreement without the express <br /> written consent of the Landlord, which shall not be unreasonably withheld , conditioned or delayed or <br /> made the subject of a demand for additional fees or compensation ; provided , however, this Agreement <br /> may be sold , assigned , licensed , or transferred at any time by American Tower to any business entity <br /> which ( a) is a parent, subsidiary or affiliate of American Tower, ( b ) controls or is controlled by or under <br /> common control of American Tower, ( c ) is merged or consolidated with American Tower , or ( d ) <br /> purchases more than 50 % ownership interest in or to the assets of American Tower to which this applies . <br /> Upon assignment , American Tower shall be relieved of all liabilities and obligations hereunder and <br /> Landlord shall look solely to the assignee for performance under this Agreement and all obligations <br /> hereunder . <br /> ( d ) American Tower may mortgage or grant a security interest in this Agreement and the <br /> Tower Facilities , and may assign this Agreement and the Tower Facilities to any such mortgagees or <br /> holders of security interests including their successors and assigns ( collectively , " Secured Parties " ) . If <br /> requested by American Tower, Landlord will execute such consent to such financing as may reasonably <br /> be required by Secured Parties . In addition , if requested by American Tower, Landlord agrees to notify <br /> American Tower and American Tower' s Secured Parties simultaneously of any default by American <br /> Tower and to give Secured Parties the same right to cure any default as American Tower . If a <br /> termination , disaffirmance or rejection of the Agreement by American Tower pursuant to any laws <br /> ( including any bankruptcy or insolvency laws ) occurs , or if Landlord will terminate this Agreement for <br /> any reason , Landlord will give to Secured Parties prompt notice thereof and Secured Parties will have the <br /> right to enter upon the Compound during a 30 - day period commencing upon Secured Parties ' receipt of <br /> such notice for the purpose of removing any Tower Facilities . Landlord acknowledges that Secured <br /> Parties are third- party beneficiaries of this Agreement. <br /> 17 . Condemnation . If a condemning authority takes all of the Site , or a portion sufficient in <br /> American Tower' s sole judgment, to render the Site unsuitable for the Intended Use , this Agreement will <br /> terminate as of the date the title vests in the condemning authority . Landlord and American Tower will <br /> share in the condemnation proceeds in proportion to the values of their respective interests in the Site <br /> (which for American Tower includes , where applicable , the value of the Tower Facilities , moving <br /> expenses , prepaid rent and business dislocation expenses ) . If a condemning authority takes less than the <br /> entire Site such that the Site remains suitable for American Tower ' s Intended Use and does not impact the <br /> Tower Facilities Rent payable under this Agreement will be unaffected . A sale of all or part of the Site to <br /> a purchaser with the power of eminent domain in the face of the exercise of eminent domain power will <br /> be treated as a taking by condemnation for the purposes of this paragraph . <br /> 18 . Insurance . American Tower will purchase and maintain , and will require its agents , grantees , <br /> licensees , subcontractors , and Collocators to maintain , in full force and effect throughout the Option <br /> Period and the Term such insurance policies as as American Tower may deem necessary . All insurance <br /> policies , with the exception of Worker' s Compensation and Professional Liability , required under this <br /> Agreement shall name the Landlord as an additional insured party . Evidence of such insurance shall be <br /> furnished to the Landlord , together with evidence that each policy provides the Landlord with not less <br /> than thirty ( 30 ) days prior written notice of any cancellation , non-renewal or reduction of coverage . At a <br /> minimum the following insurance shall be maintained : . <br /> ( a) Worker ' s Compensation Insurance for protection from claims under workers ' or <br /> workmen ' s compensation acts ; <br /> ( b ) Comprehensive General Liability Insurance covering claims arising out of or relating to <br /> bodily injury , including bodily injury , sickness , disease or death of any of the American Tower' s <br /> { SK011162 . DOCX 2 } 1 1 <br />