2013-557 American Tower Lease Phelps Road

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Site Name : Phelps NC Site Number : 28013 8 will , upon American Tower' s request, execute a separate recordable written easement or lease to the utility company providing such service evidencing this right . ( c ) American Tower and the Collocators each may install backup generator( s ) and other systems related to generator status communication . 8 . Access ( a) In the event that the Site loses access to a public right of way during the Term , Landlord and American Tower will amend this Agreement, at no imposed cost to either party , to provide access to a public way by : ( i ) amending the location of the Easement; or ( ii ) granting an additional easement to American Tower . (b ) To the extent damage ( including wear and tear caused by normal usage ) to the Easement or any other route contemplated hereunder intended to provide American Tower with access to the Site and the Tower Facilities is caused by Landlord or Landlord ' s tenants , licensees , invites or agents , Landlord will repair the damage at its own expense . ( c ) American Tower will maintain access to the Compound from a public way in a free and open condition so that no unreasonable interference is caused to Landlord or lessees , licensees , invitees or agents of Landlord , or lessees , licensees , invitees or agents of American Tower . In the event that access to the Compound is impeded or denied American Tower or any Collocator, Landlord will remedy the impediment to access within twenty - four (24) hours of receiving notice that access has been impeded or denied . Should access continued to be impeded or denied for longer than twenty- four (24 ) hours after Landlord has received notice , American Tower may , without waiving any other rights that it may have at law or in equity , employ reasonable methods to restore access without the prior consent of Landlord , including , without limitation , cutting of felled trees . Notwithstanding the twenty- four ( 24 ) notice period , in the event of an emergency , American Tower and/or its Collocators may employ reasonable methods to restore access without the prior consent of Landlord , including , without limitation , cutting of felled trees . In the event that access is denied through any grossly negligent or willful act or omission of Landlord , its licensees , tenants , assigns or employees , American Tower is entitled to any actual damages suffered and may pursue any and all legal and equitable rights and remedies permitted under applicable laws . 9 . Representations and Warranties of Landlord . Landlord represents and warrants to American Tower and American Tower ' s successors and assigns : ( a) Landlord has the full right, power, and authority to execute this Agreement ; (b ) There are no pending or threatened administrative actions , including bankruptcy or insolvency proceedings under state or federal law, suits , claims or causes of action against Landlord or which may otherwise affect the Property ; ( c ) The Property is not presently subject to an option , lease or other contract which may adversely affect Landlord ' s ability to fulfill its obligations under this Agreement, and the execution of this Agreement by Landlord will not cause a breach or an event of default of any other agreement to which Landlord is a party . Landlord agrees that it will not grant an option or enter into any contract or agreement which will have any adverse effect on the Intended Use or American Tower ' s rights under this Agreement ; (d ) No licenses , rights of use , covenants , restrictions , easements , servitudes , subdivision rules or regulations , or any other encumbrances relating to the Property prohibit or will interfere with the Intended Use ; { SK011162 . DOCX 2 } 6