2013-557 American Tower Lease Phelps Road

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Site Name : Phelps NC Site Number : 280138 employees , agents grantees , licensees , Collocators , subcontrators , or any other person accessing the Property , and to real and personal property including loss of use resulting thereof, ( c ) Comprehensive Automobile Liability Insurance , including hired and non - owned vehicles , if any , covering personal injury or death , and property damage . ( e) Professional Liability as needed . 19 . Waiver of Damages . ( a) In the event that American Tower does not exercise its Option : ( 1 ) Landlord ' s sole compensation and damages will be fixed and liquidated to the sums paid by American Tower to Landlord as consideration for the Option ; and ( 11 ) Landlord expressly waives any other remedies it may have for a breach of this Agreement including specific performance and damages for breach of contract . ( b ) Neither Landlord nor American Tower will be responsible or liable to the other party for any loss or damage arising from any claim to the extent attributable to any acts of omissions of other licensees or tower users occupying the Tower Facilities or vandalism or for any structural or power failures or destruction or damage to the Tower Facilities except to the extent caused by the negligence or willful misconduct of such party . ( c) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL LANDLORD OR AMERICAN TOWER BE LIABLE TO THE OTHER FOR, AND AMERICAN TOWER AND LANDLORD EACH HEREBY WAIVE THE RIGHT TO RECOVER INCIDENTAL , CONSEQUENTIAL ( INCLUDING , BUT NOT LIMITED TO , LOST PROFITS , LOSS OF USE OR LOSS OF BUSINESS OPPORTUNITY ) , PUNITIVE , EXEMPLARY , AND SIMILAR DAMAGES . 20 . Confidentiality. Landlord will not disclose to any third party the Rent payable by American Tower under this Agreement and will treat such information as confidential , except that Landlord may disclose such information to prospective buyers , prospective or existing lenders , Landlord ' s affiliates and attorneys , or as may be required by law or as may be necessary for the enforcement of Landlord ' s rights under the Agreement. American Tower acknowledges Landlord is a governmental entity subject to North Carolina public records laws . Should American Tower contend any of the terms of this Agreement or any other document or record related to the performance of this Agreement are exempt from North Carolina public records laws and should be withheld as a non - public record American Tower shall , upon executing this Agreement, notify Landlord of such contention and provide a complete list of all documents or records or parts thereof American Tower contends are exempt . American Tower shall be solely responsible for defending any action seeking production of documents or records which American Tower claims are exempt from production together with all costs and fees associated with such defense . American Tower releases Landlord from any liability associated with the inadvertent release of such documents or records . Further, American Tower will indemnify and hold harmless Landlord from any fines , costs , fees , or damages associated with the failure to produce any documents or records associated with the relationship between American Tower and Landlord . 21 . Subordination ALyreements . ( a) If the Site is encumbered by a mortgage or deed of trust , within 30 days of receipt of a written request from American Tower, Landlord agrees to execute and obtain the execution by its lender of a non - disturbance and attornment agreement in the form provided by American Tower, to the effect that American Tower and American Tower ' s sublessees and licensees will not be disturbed in their occupancy and use of the Site by any foreclosure or to provide information regarding the mortgage to American Tower . { SK011162 . DOCX 2 } 12