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Site Name : Phelps NC <br /> Site Number : 280138 <br /> ( d ) The substantially prevailing party in any litigation arising hereunder is entitled to its <br /> reasonable attorney ' s fees and court costs , including appeals , if any . <br /> ( e ) Each party agrees to furnish to the other, within 30 days after request, such estoppel <br /> information as the other may reasonably request . <br /> (f) This Agreement constitutes the entire agreement and understanding of Landlord and <br /> American Tower with respect to the subject matter of this Agreement , and supersedes all offers , <br /> negotiations and other agreements . There are no representations or understandings of any kind not stated <br /> in this Agreement . Any amendments to this Agreement must be in writing and executed and delivered by <br /> Landlord and American Tower . <br /> ( g) If either Landlord or American Tower is represented by a real estate broker in this <br /> transaction , that party is fully responsible for any fees due such broker and will hold the other party <br /> harmless from any claims for commission by such broker . <br /> ( h ) The Agreement will be construed in accordance with the laws of the state in which the <br /> Site is situated . <br /> ( i ) If any term of the Agreement is found to be void or invalid , the remainder of this <br /> Agreement will continue in full force and effect . <br /> (j ) American Tower may obtain title insurance on its interest in the Site , and Landlord will <br /> cooperate by executing any documentation required by the title insurance company . <br /> (k) This Agreement may be executed in two or more counterparts , all of which are <br /> considered one and the same agreement and become effective when one or more counterparts have been <br /> signed by each of the parties , it being understood that all parties need not sign the same counterpart . <br /> ( 1 ) Landlord will not, during the Option Period or the Term , enter into any other lease , <br /> license , or other agreement for the same or similar purpose as the Intended Use , on or adjacent to the <br /> Property . <br /> ( m ) Failure or delay on the part of either party to exercise any right, power or privilege <br /> hereunder will not operate as a waives- thereof and waiver of breach of any provision hereof under any <br /> circumstances will not constitute a waiver of any subsequent breach . <br /> (n) The parties agree that irreparable damage would occur if any of the provisions of this <br /> Agreement were not performed in accordance with their specified terms or were otherwise breached . <br /> Therefore , the parties agree the parties will be entitled to an injunction ( s ) in any court in the state in which <br /> the Site is located to prevent breaches of the provisions of this Agreement and to enforce specifically the <br /> terms and provisions of the Agreement, this being in addition to any other remedy to which the parties are <br /> entitled at law or in equity . <br /> (o ) Each party executing this Agreement acknowledges that it has full power and authority to <br /> do so and that the person executing on its behalf has the authority to bind the party . <br /> ( p ) This Agreement and the duties , responsibilities , obligations and rights of respective <br /> parties hereunder shall be governed by the laws of the State of North Carolina . Any and all suits or <br /> actions to enforce , interpret , or seek damages with respect to , any provision of, or the performance or <br /> non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina <br /> sitting in Orange County , North Carolina . It is agreed by the parties that no other court shall have <br /> ( SK011162 . DOCX 2 ) 14 <br />