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Site Name : Phelps NC
<br /> Site Number : 280138
<br /> (b ) Landlord will not, and will not permit any third party to use , generate , store or dispose of
<br /> any Hazardous Materials on , under, about or within the Property in violation of any Environmental Laws .
<br /> ( c ) American Tower agrees that it will not use , generate , store or dispose of any Hazardous
<br /> Material on , under, about or within the Site in violation of any applicable laws , regulations or
<br /> administrative orders .
<br /> ( d ) The term "Hazardous Materials" means any : contaminants , oils , asbestos , PCBs ,
<br /> hazardous substances or wastes as defined by federal , state or local environmental laws , regulations or
<br /> administrative orders or other materials the removal of which is required or the maintenance of which is
<br /> prohibited or regulated by any federal , state or local government authority having jurisdiction over the
<br /> Property .
<br /> 14 . Indemnification .
<br /> ( a) General .
<br /> ( i) To the extent authorized by North Carolina law Landlord , its grantees ,
<br /> successors , and assigns will exonerate , hold harmless, indemnify , and defend American Tower
<br /> from any claims , obligations , liabilities , costs , demands , damages , expenses , suits or causes of
<br /> action , including costs and reasonable attorney ' s fees , which may arise out of the negligent acts
<br /> of Landlord , its grantees , successors , and assigns , which acts are directly related to Landlord ' s
<br /> performance of this Agreement and which acts directly cause : (A ) any injury to or death of any
<br /> person ; ( B ) any damage to property , if such injury , death or damage arises out of or is attributable
<br /> to or results from the acts or omissions of Landlord , or Landlord ' s principals , employees,
<br /> invitees , agents or independent contractors ; or ( C) any breach of any representation or warranty
<br /> made by Landlord in this Agreement .
<br /> ( ii ) To the extent authorized by North Carolina law American Tower, its grantees ,
<br /> successors , and assigns will exonerate , hold harmless , indemnify , and defend Landlord from any
<br /> claims , obligations , liabilities , costs , demands , damages , expenses , suits or causes of action ,
<br /> including costs and reasonable attorney ' s fees , which may arise out of the negligent acts of
<br /> American Tower, its grantees , successors , and assigns , which acts are directly related to
<br /> American Tower ' s performance of this Agreement and which acts directly cause : ( A ) any injury
<br /> to or death of any person ; (B ) any damage to property , if such injury , death or damage arises out
<br /> of or is attributable to or results from the negligent acts or omissions of American Tower, or
<br /> American Tower ' s employees , agents or independent contractors ; or ( C ) any breach of any
<br /> representation or warranty made by American Tower in this Agreement .
<br /> (b ) Environmental Matters .
<br /> ( 1 ) To the extent authorized by North Carolina law Landlord , its grantees ,
<br /> successors , and assigns will indemnify , defend , reimburse and hold harmless American Tower
<br /> from and against any and all damages arising from the presence of Hazardous Materials upon ,
<br /> about or beneath the Property or migrating to or from the Property or arising in any manner
<br /> whatsoever out of the violation of any Environmental Laws , which conditions exist or existed
<br /> prior to or at the time of the execution of this Agreement or which may occur at any time in the
<br /> future through no fault of American Tower .
<br /> ( ii ) To the extent authorized by North Carolina law American Tower, its grantees ,
<br /> successors , and assigns will indemnify, defend , reimburse and hold harmless Landlord from and
<br /> against environmental damages caused by the presence of Hazardous Materials on the Compound
<br /> { SKO11162 . DOCX 2 } 9
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