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11 <br /> 20. Successors and Assigns. This Lease shall run with the Premises and shall be binding upon <br /> and inure to the benefit of the parties, their respective heirs, successors, personal representatives <br /> and assigns. <br /> 21. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims <br /> (including reasonable attorneys' fees,costs and expenses of defending against such claims)arising <br /> from the negligence or willful misconduct of Lessee or Lessee's agents or employees in or about <br /> the Premises. Lessor shall indemnify and hold Lessee harmless from all claims (including <br /> reasonable attorneys' fees, costs and expenses of defending against such claims) arising from the <br /> negligence or willful misconduct of Lessor or Lessor's agents, employees, lessees, invitees, <br /> contractors or other tenants occurring in or about the Parent Parcel. The duties described herein <br /> survive termination of this Lease. <br /> 22. Right of First Refusal; Sale of the Premises. Intentionally Omitted. <br /> 23. Miscellaneous. <br /> (a) The substantially prevailing party in any litigation arising hereunder shall <br /> be entitled to its reasonable attorney's fees and court costs, including appeals, if any. <br /> (b) Each party agrees to furnish to the other,within ten (10) days after request, <br /> such truthful estoppel information as the other may reasonably request. <br /> (c) This Lease constitutes the entire agreement and understanding of the parties <br /> with respect to the subject matter of this Lease, and supersedes all offers, negotiations and other <br /> agreements. There are no representations or understandings of any kind not set forth herein. Any <br /> amendments to said Lease must be in writing and executed by the parties. <br /> (d) If either party is represented by a real estate broker in this transaction, that <br /> party shall be fully responsible for any fees due such broker and shall hold the other party harmless <br /> from any claims for commission by such broker. <br /> (e) This Lease shall be construed in accordance with the laws of the state in <br /> which the Premises is situated. <br /> (f) If any term of this Lease is found to be void or invalid, such invalidity shall <br /> not affect the remaining terms of this Lease, which shall continue in full force and effect. <br /> (g) Upon request of Lessee,Lessor shall promptly execute and deliver to Lessee <br /> such documents as Lessee requests to evidence Lessee's rights in the Premises, including a <br /> memorandum of option and a memorandum of lease and/or amendments thereto. Lessee may file <br /> such documents of record in the property records in the county in which the Premises are located. <br /> (h) Lessee may obtain title insurance on its interest in the Premises, and <br /> Lessor shall cooperate by executing documentation required by the title insurance company. In <br /> the event the Premises is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and <br /> furnish, within thirty(30) days written request by Lessee, a non-disturbance agreement to the <br /> effect that Lessee and Lessee's sublessees or licensees will not be disturbed in the occupancy of <br /> the Premises by any foreclosure; provided that the rights and interests of Lessee under this Lease <br /> shall be subject and subordinate to such mortgage or deed of trust. <br /> (i) This Lease may be executed in two or more counterparts, all of which <br /> shall be considered one and the same agreement and shall become effective when one or more <br /> counterparts have been signed by each of the parties, it being understood that all parties need not <br /> 7 <br /> TowerCo Site Name:Kenion Road <br /> TowerCo Site Number:NC0326 <br />