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! • <br />cleanup or restoration o� the Premises associa#ed with the Lessee"s use of Hazardous <br />Mate�ials. <br />{b) Lessor wil( be soiely responsible for and wifl defend, indemnify, and hold <br />Lessee, its agents, and employees harmless fram and against any and a[I direct claims, cosfs, <br />and liabilities, including attomey's fees and costs, arising aut of or in connection with the <br />removal, cleanup, or restaration of the Premises with respect to Hazardous Materials from any <br />and all sources other than those Hazardous Materials introduced tv the Premises by Lessee. <br />(c} "Hazardous Materials" means asbestos or any hazardous subsfance, waste, <br />or mater�als as defined in any federai, state, or lacal environmenta! or safety law or regulation <br />including, but no# limited to, CERCLA. <br />The obliga#ions af this seckion shall survive the expiration or other termination of <br />fhis Agreement <br />f�3�I�� <br />6.09 UtiEities and Taxes. L.essee will be respansible far all utilities required by its use of <br />the Premises. Lessee wiil pay its proportionate share of utilities fumis�ed by Lessor, or wili <br />arrange to have its u#i(ities separatefy metered. <br />Lessee will pay any incrsase in real estate taxes caused by the improvements <br />constructed #hereon by Lessee. In the event that the real estate tax assessment on Lessor's <br />praperiy reflects L.essee's imp�ovemenis, Lessar agrees to provide to Lessee in a timely <br />manner a copy of the assessmeni. Lessee may contest, at its expense, any assessment <br />imposed on the Premises or Lessee's activities. <br />6.02 Title and Quiet Enioyment. L.essar represents and warrants to Lessee that (a) <br />Lessor has fuil right, power, and authority to execute this Agreement, and wi1l provide Lessee <br />with evidence of such authoriiy; (b) Lessor has good and maricetable title to the Premises free <br />and clear of any liens or mortgages except those matters which are of p�blic record as of the <br />Effective Date; and (c) there is direct legal ingress and egress to the Premises for Lessee's <br />use for vehicles and pedestrians from a public �ight-of-way. Lessor furfher covenants that <br />Lessee shall have quiet enjoyment of the Premises during the term of this Agreement and any <br />renewal thereof. For any encumbrance which is a matter of pub(ic record Lessor will promptiy <br />obtain from such encumbering entity a non disturbance agreement stafing #hat, so long as <br />Lessee is not in default hereunder, this Agreement wil! continue in fuii fvrce and effect <br />Lesses shafl have the right, wifhout p�iar notice to ar consenf by Lessor, to assign or <br />transfer this Lease or to sublet fhe Premises fo any paren#, subsicliary or affi€iate enfity �f Lessee, <br />specificalfy including, but not limited to, ihe communications enfities whiclt may emerge from the <br />joint venture penriing between U S WEST, [nc. and AirTouch Cammunications, Inc., which <br />assignment, irans€er or subfease shali fuily release Lessee from any further abligations or liabiiity <br />under the ferms of this Lease commencing on the effective da#e of ihe assignment, iransfer or <br />sublease_ <br />� <br />�eot�,-oo2 l% <br />411/94 - Rev. 4/6/95 <br />■:-�..� <br />