2013-557 American Tower Lease Phelps Road

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Site Name : Phelps NC Site Number : 28013 8 ( b ) Should a subordination , non - disturbance and attornment agreement be requested by Landlord or a lender working with Landlord on a loan to be secured by the Property and entered into subsequent to the Execution Date , American Tower will use good faith efforts to provide Landlord or Landlord ' s lender with American Tower ' s form subordination , non - disturbance and attornment agreement executed by American Tower within 30 days of such request . 22 . Notices . All notices or demands by or from American Tower to Landlord , or Landlord to American Tower, required under this Agreement will be in writing and sent (United States mail postage pre - paid , certified with return receipt requested or by reputable national overnight carrier service , transmit prepaid ) to the other party at the addresses set forth in paragraph 1 of this Agreement or to such other addresses as the parties may , from time to time , designate consistent with this paragraph 22 , with such new notice address being effective 30 days after receipt by the other party . Notices will be deemed to have been given upon either receipt or rejection . 23 . Further Acts . ( a) Within 15 days after receipt of a written request from American Tower, Landlord will execute any document necessary or useful to protect American Tower ' s rights under this Agreement or to facilitate the Intended Use including documents related to title , zoning and other Approvals , and will otherwise cooperate with American Tower in its exercise of its rights under this Agreement . ( b ) American Tower will be entitled to liquidated damages for the revenue lost by American Tower as a result of any delay caused by Landlord ' s unwillingness to execute a document or to take any other action deemed necessary by American Tower to protect American Tower ' s leasehold rights or to facilitate the Intended Use . As the actual amount of such lost revenue is difficult to determine , the parties agree that American Tower may deduct the amount of $ 100 . 00 per day from future installments of Rent for any delay to American Tower caused by Landlord ' s failure or unwillingness to act , such amount being an estimate of American Tower ' s lost revenue . American Tower ' s right to collect such liquidated damages will in no way affect American Tower ' s right to pursue any and all other legal and equitable rights and remedies permitted under applicable laws . 24 . Memorandum of Lease . Simultaneously with the execution of this Agreement, the parties will enter into the Memorandum of Lease attached to this Agreement as Exhibit C which American Tower may record in the public records of the county of the Property . Landlord acknowledges and agrees that after Landlord signs the Memorandum of Lease but before American Tower records it, American Tower may add both : ( a) a reference to the recording granting Landlord its interest in the Property ; and ( b ) a legal description of the Site as Exhibit B . Landlord agrees to execute and return to American Tower a recordable Amended Memorandum of Lease in form supplied by American Tower if. ( 1 ) the information included in the Memorandum of Lease changes , or ( ii ) if it becomes clear that such information is incorrect or incomplete or if this Agreement is amended . 25 . Miscellaneous . ( a) This Agreement runs with the Property and is binding upon and will inure to the benefit of the parties, their respective heirs , successors , personal representatives and assigns . ( b ) American Tower may at American Tower' s sole cost and expense procure an abstract of title or a commitment to issue a policy of title insurance ( collectively " Title" ) on the Property . ( c ) Landlord hereby waives any and all lien rights it may have , statutory or otherwise , in and to the Tower Facilities or any portion thereof, regardless of whether or not same is deemed real or personal property under applicable laws . { SK011162 . DOCX 2 } 13