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Site Name : Phelps NC
<br /> Site Number : 28013 8
<br /> ( e ) Landlord has good and marketable fee simple title to the Site , the Property and any other
<br /> property across which Landlord may grant an easement to American Tower or any Collocator, free and
<br /> clear of all liens and encumbrances . Landlord covenants that American Tower will have the quiet
<br /> enjoyment of the Compound during the term of this Agreement . If Landlord fails to keep the Site free
<br /> and clear of any liens and encumbrances , American Tower will have the right, but not the obligation , to
<br /> satisfy any such lien or encumbrance and to deduct the full amount paid by American Tower on
<br /> Landlord ' s behalf from future installments of Rent ;
<br /> ( f) American Tower will at all times during this Agreement enjoy ingress , egress , and access
<br /> from the Site 24 hours a day, 7 days a week , to an open and improved public road which is adequate to
<br /> service the Site and the Tower Facilities ; and
<br /> ( g) These representations and warranties of Landlord survive the termination or expiration of
<br /> this Agreement .
<br /> 10 . Interference . Neither American Tower nor Landlord will use, nor will American Tower nor
<br /> Landlord permit their tenants , licensees , invitees , or agents to use any portion of the Property in any way
<br /> which interferes with the Intended Use , including , but not limited to , any use on the Property or Landlord
<br /> owned surrounding property that causes electronic or physical obstruction or degradation of the
<br /> communications signals from the Tower Facilities ( "Interference ") . American Tower shall be solely
<br /> responsible for resolving technical interference or Interference problems caused by the Tower Facilities or
<br /> any equipment installed thereon to any emergency communications equipment . Interference directly
<br /> caused by Landlord or its tenants , licensees , invitees , or agents will be deemed a material breach of this
<br /> Agreement by Landlord and Landlord will have the responsibility to terminate Interference immediately
<br /> upon written notice from American Tower . Notwithstanding anything in this Agreement to the contrary ,
<br /> if the Interference does not cease or is not rectified as soon as possible , but in no event longer than 24
<br /> hours after American Tower ' s written notice to Landlord , Landlord acknowledges that continuing
<br /> Interference will cause irreparable injury to American Tower, and American Tower will have the right , in
<br /> addition to any other rights that it may have at law or in equity , to bring action to enjoin the Interference .
<br /> Interference directly caused by American Tower or its tenants , licensees , invitees , or agents will be
<br /> deemed a material breach of this Agreement by American Tower and American Tower will have the
<br /> responsibility to terminate Interference immediately upon written notice from Landlord . Notwithstanding
<br /> anything in this Agreement to the contrary, if the Interference does not cease or is not rectified as soon as
<br /> possible , but in no event longer than 24 hours after Landlord ' s written notice to American Tower,
<br /> American Tower acknowledges that continuing Interference will cause irreparable injury to Landlord , and
<br /> Landlord will have the right, in addition to any other rights that it may have at law or in equity , to bring
<br /> action to enjoin the Interference .
<br /> 11 . Termination . This Agreement may be terminated upon written notice as follows :
<br /> ( a) By either party upon a default of any covenant or term of this Agreement by the other party
<br /> which is not cured within 60 days of receipt of written notice of default (without, however, limiting any
<br /> other rights available to the parties in law or equity) ; provided , that if the defaulting party commences
<br /> efforts to cure the default within such period and diligently pursues such cure , the non - defaulting party
<br /> may not terminate this Agreement as a result of that default .
<br /> ( b ) Upon 30 days ' written notice by American Tower to Landlord if American Tower is unable
<br /> to obtain , maintain , renew or reinstate any agreement, easement , permit, certificates , license , variance ,
<br /> zoning approval , or any other approval which may be required from any federal , state or local authority
<br /> necessary to the construction and operation of the Tower Facilities or to the Intended Use ( collectively ,
<br /> the "Approvals" ) ; or
<br /> { SK011162 . DOCX 2 17
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