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d)
<br />c)
<br />Liccnsor Site Name/Number: Port Gardncr, WA/ 83177
<br />Liansee Site Name/Numbcr. American — Port Gardned WA - SN0203 -
<br />the transmit test and �peration of Licensee's antenna system. Licensce may not install or changc,
<br />alter or improve the frequency, pocicr, type of Licensee's Equipment such that it (i) interferes with
<br />or might interfere with thc prc-existing operation of AirTauch's equipment on or about the Tower
<br />Site, (ii) is not authorized by any applicable federal, state, or local law, rule, regulation, �;dinance
<br />or order, or (iii) is not made ar installed in accordance with gaod engineering practices. 1n no
<br />event may the initial curative [ime periods set fonh in the interference section of the Agreement be
<br />more or less than 72 hours. If Licensee does not cease any interfering operation within such
<br />sevenry•two (72) hour period, Licensor shall have the right, in addition to any other rights that it
<br />may have, to scek to enjoin such intcrference.
<br />Tcrminntion: Licensor shall havc the right ro disapprove any proposed installation, modification
<br />and/or use of the Licensce's Cquipment in the cvcnt that any of the permits, authorizations and/or
<br />approvals obtained by AirToucli or Liccnsor from governmental or quasi•governmental agencies
<br />for use of any portion of the Tower Site would be adversely affected now or in the future by such
<br />installation, modification and/or use, in AirTouch's sole judgement.
<br />R� Gxposure & Tcsting: Licensce shail be respon;ibie for its compliance with Suidelines and
<br />proccdures for evaluating environmental effccts of RF emissions on or from the 1'ower Site, in
<br />stric' compliance with PCC OET Dulietin 65, entided Evaluating Compliance with PCC
<br />Guidclincs for Human Exposure to Radio frequency Electromagnetic Pields, Edition 97-01,
<br />relcased August 1997 ("OGT Bulletin GS"), including the completion of RF worksheets showing
<br />compliance with the guidelines se,t forth in OET Dulletin 65 and all exis[ing and futwe laws, rules
<br />and regulations related thereto (collectively, "EMP Rules"). Licer�see agrces to iniemnity and
<br />hold harmless L,icensor and AirTouch in connection with any failure by Licensee to comply with
<br />the EMP Rules. At the time of any instnllation, modification or replacement of equipment by
<br />Liccnsee, Licensee shall notify Licensor prior to any such change or instaliation and, unless
<br />Licensor reasonably determines that such Tower Site is categorically excluded from the
<br />requiremeNs of routine or initial enviromnental evaluations under the EMF Rules, Licensor shzll
<br />evaluate compliance with tiie EMF Rules utilizing the most currendy marketed ve�sion of the
<br />UNlsite, Inc. UTdlstar RF power density prediaion sofiware ("UNlstar Sofiware"), at Licensee's
<br />sole cost and expense based on dien•curtent market rates for the UniStar Sopware services,
<br />together with the cost of RF data collcction Bom other subtenants (if necessary) at Licensor's
<br />then-current rate, In the event that any remedial or corcective measures are required as a result of
<br />an evaluation associated with Licensee's installation, modification or replacement of equipment,
<br />Licensee shall perform such remedial or corrective measure at Licensee's sole expense.
<br />Environmen!al: Licensee nnd Licensor each, respectively, covenant and agree that: (i) it shall
<br />not conduct or allow to be conducted upan any Tower Site any business operations or activities, to
<br />gencrate, manufac[ure, refine, iransport, treat, store, handle, dispose of, transfer, produce, or
<br />process h�zardous subsiances; provided that Licensce shall have the right to bring and keep at
<br />each To�rer Site (in compliance with all applicab6. laws) batterics, gencrators and associated fuel
<br />tanks and other substances commonly used in the industry ;tnd necessary for the operation and
<br />maintenance of ihe Licensee's @quipment or the Tower Site; (ii) it ,hall comply in all material
<br />respects wiih all applicable environmental laws; (iii) it shall not create or permit to be created any
<br />Lien against any Tower Site for the costs of any response, removal or remedial �ction or clean-up
<br />of hnzardous substa.nces; (iv) it shall, to the extent Licensee or Licensor, respectively, is legally
<br />obligated therefor, promptly conduct and complete all investigations, studies, sampling and
<br />testing, and all remedial, removal, and other actions necessary ro clean ap and remove all
<br />hazardous substances on, from or affecting each Tower Site in accordance �vith all appiicable
<br />environmental laws, in all matcrial respects; and (v) Licensee shall prompNy notify AirTouch and
<br />Licensor in writing if Licensee receivr.s any notice, letter, citation, order, warning, complaint,
<br />injury, claim or demand that (w) Licensee has violated, or is about to violate, any environmental
<br />I�w, (x) there has been a release or there is a threat of release, of hazardous substances at or (rom
<br />ilie applicable Tower Site, (yj Licensee may be or is liable, in whole or in part, for the casts of
<br />cleaning up, remediating, removing or responding to a release of hazardous substances, or (z) a
<br />Tower Site is subject to a lien favor of any governmental entity for any liabiliry, cost or damages
<br />under any environmental law. Nohvithstanding anything in the Agreement to the contrary,
<br />Licensor shall har no obligation to indemnify Licensee for a breach of the foregoing covenants
<br />(including with respect to claims for damages or odicr liabilities due to any necessary
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