2520 MADISON ST CLEARWIRE ANTENNA 2018-01-01 MF Import

S) h) �. � Liccnsor Sitc NamcNumber: Port Gardncr, WN 83177 Liccnsee Site Narne/Numbcr: American—Port GarJner/ WA - SN0203 investigation, remediation or deanup o! ha7ardous substances at any Tower Site for which Licensor would othenvise have an obiigation ro indemnify Licensee) unless Licensee first notifics Licensor of such Tower Site contamination or candition and ofTers Licensor nn opportunity to conduct any necessary response or per(ortn any required remediation wark and Licensor refuscs to do so. Such notice and opportuniry to respond shall be given to Licensor in writing prior to artv expenditure or commitment by Licensee or any o� its A�liates. Licensor shall reply to the notice and opportunity to respond in writing within forty (40) calendar days of receipt of Licensee's notice, unless Licensee is required to act sooner under applicable environmental laws or by the appropriate govcrnmcntal acthorities. If Licensor elects to rer.?ond, Licensor shall pe�iarm ail �vork in a workmaalike manner in material compliance with all appiicable environmental laws tc the satis(action of Uie appropriate govemmental Authoriry. �xcept as required by applicable law, Licensee and its representatives and agents will no[ initiate any communication or make comments or submissions to any govemmcntal authority or third parties with respect to environmental conditions at any Tower Site to which Licensor has responded. Nothing herein contained shall affect a Pany's legal duty to mitigate damages, Subordinatian: The Agrecment and all supplements, amendments, modifications, renewals, replacements and extcnsions thereo(, shall unconditionally be and remain at all times ;ubordinate to all mortgages placed on the Towcr Site by AirTouch, and to any replacements, renewals, amendntents, modificetions, extensions and refinancing thcreof, and shall unconditionally be and remain a lien or charge on the Tower Site junior and subordinate ro AirTouch's and Licensor's interest in tlie Tower Site. Licensce agrees that in ihe event that the Agreement is assigned to AirTouch, AirTouch shall not: (i) be liable for any damages or other relief attributable to any act or omission of Licensor, or any succcssor to Licensor (other than Air''ouch), undtr thc Agreemenr, (ii) be liable for any damages or othcr rclief attributable to any latent or patent defects in the construction with respect to the property which is the subject of the Agreement; (iii) be liable for any consequcntial damages to Licensee attributable to any act or omission cf Licensor undzr the Agreement; (iv) be subject to any offsets or defense not spccificaliy provided for in the Agreement and which Licensee may have against Licensor, or (v) be bound by any prepsyment by Licensee of more than one month's instaliment of rent or for any security depusit not aclually delivered to AirTauch. Misccllancous: � i. In no event may Licensee share use of any rower meter at any Tower Site with AirTouch. ii. Licensor rescrves the right ro frecly assign the Agreement to AirTouch or any of its Afliliates at any timc. iii. Upon expiration or eariier termination of the Agrcement or the AirTouch Sublease with respect to the Tower Sire, Licensee shall, at its sole cost and expense and upon inswctions from Licensor, remove Licensee's Equipment from the Tower Site within a reasonable period of time, but in no event less than thirty (30) dayc (except as othenvise required by the Ground l.ease). iv. Licensee recognizes and agrees that AirTouch is a third party beneficiary under the Agreement with direct rights of enCorcement against Licensee of the rights of Licensor hereunder, including, without limitation, the right to cause Licensee to comply with the intcrFerence provisions of the Agreement and to enter any of the space licensed by Licensee undcr the Agreement. v. If Licensee intends to sublease or sublicense available space at the Tower Sit�, Licensee acknowledges and understands that Licensor must send a coay of Licensee's bona fide offer (containing all of the terms and condi[ions for such oPFer to sublease or sublicense, and which must includc the specific Tower Site(s) and available space which are the subject of the offer) to AirTouch and that AirTouch may elect, in its sole discretion, to sub!ease or sublicense such available space (rom Licensor on Ihe same terms and conditions as Licensee's bona fide o[- r, or to exercise its right of substitution pursuant to the AirTouch Sublease. AirTo.rch must notify Licensor in writing of its intent ro either sublicense such available space ar to- exercise its right of ��ibstitutimi with respect to such space within ten (IO) business d:.;�s of receipt of the bona fide offcr. vi. if Licensee intends to install Licensee's Lquipment (or any subsequent modification) within thc arca that is tcn (10) fect abovc or below thc highes[ and loH�est point of AirTouch's �� �