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Site Name : Phelps NC <br /> Site Number : 280138 <br /> ( c ) Upon 30 days ' written notice from American Tower to Landlord if the Site is or becomes <br /> unsuitable , in American Tower ' s sole , but reasonable judgment for use as a wireless communications <br /> facility by American Tower or by American Tower ' s licensee ( s) or sublessee ( s ) . Should American <br /> Tower terminate this Agreement based on this paragraph American Tower shall be responsible for full <br /> Rent payments for the 3 -month period immediately following Landlord ' s receipt of the notice required by <br /> this paragraph . <br /> ( d) Upon eighteen ( 18 ) months written notice from Landlord to American Tower if Landlord ' s <br /> statutory governmental authority is modified or changed in a manner that restricts or prohibits Landlord ' s <br /> authority to engage in the activities contemplated herein . <br /> ( e ) Except upon circumstances as reflected in paragraph 11 ( c) in the event of termination by <br /> American Tower or Landlord pursuant to this provision , American Tower and Landlord shall be relieved <br /> of all further liability hereunder . <br /> 12 . Taxes . <br /> ( a) American Tower will pay any personal property taxes assessed on or attributable to the <br /> Tower Facilities . American Tower will reimburse Landlord for any increase to Landlord ' s real property <br /> taxes that are directly attributable to American Tower ' s Site and/or Tower Facilities upon receipt of the <br /> following : ( 1 ) a copy of Landlord ' s tax bill ; (2) proof of payment ; and ( 3 ) written documentation from the <br /> assessor of the amount attributable to American Tower . American Tower shall have no obligation to <br /> reimburse Landlord for any taxes paid by Landlord unless Landlord requests reimbursement within 12 <br /> months of the date said taxes were originally due . Additionally , as a condition precedent to Landlord <br /> having the right to receive reimbursement, Landlord shall , within 3 days of receipt of any notice from the <br /> taxing authority of any assessment or reassessment, provide American Tower with a copy of said notice . <br /> American Tower shall have the right to appeal any assessment or reassessment relating to the Site or <br /> Tower Facilities and Landlord shall either ( 1 ) designate American Tower as its attorney- m fact as required <br /> to effect standing with the taxing authority , or ( n ) join American Tower in its appeal . <br /> ( b ) Landlord will pay when due all real property taxes and all other fees and assessments <br /> attributable to the Property , Compound and Easement . If Landlord fails to pay when due any taxes <br /> affecting the Property or the Site , American Tower will have the right , but not the obligation , to pay such <br /> taxes and either : ( 1 ) deduct the full amount of the taxes paid by American Tower on Landlord ' s behalf <br /> from future installments of Rent, or ( ii ) collect such taxes by any lawful means . <br /> 13 . Environmental Compliance . <br /> ( a) Landlord represents and warrants that : <br /> ( 1 ) No Hazardous Materials have been used , generated , stored or disposed of, on , <br /> under or about the Property in violation of any applicable law , regulation or administrative order <br /> ( collectively , "Environmental Laws" ) by either Landlord or to Landlord ' s knowledge , any third <br /> party ; and <br /> ( ii ) To Landlord ' s knowledge , no third party been permitted to use , generate , store or <br /> dispose of any Hazardous Materials on , under, about or within the Property in violation of any <br /> Environmental Laws . <br /> { SK011162 . DOCX2 } 8 <br />