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<br />SITE NAME: LouisviDe R......tional Center
<br />SITE NUMBER: CO- DENIlIJ
<br />
<br />coordinating its activities hereunder with the holders of such franchise agreements or of such easements or other
<br />interests of record, and for obtaining any required permission for such activities from such holders if required by the
<br />terms of such franchises or easements or other interests.
<br />
<br />14.2 Tenant has the right to obtain, at its sole expense, a title report or commitment for a
<br />leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report
<br />shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises,
<br />Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord.
<br />
<br />15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
<br />warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
<br />warrants that (i) it has no actual knowledge of the presence of any Hazardous Material located in, on, under, upon or
<br />affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
<br />behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable
<br />environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not knowingly permit
<br />itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or
<br />affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 12.6, Tenant shall
<br />indemnify, defend and hold Landlord harmless from and against all Losses (specifically including, without
<br />limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of
<br />any representation or warranty made in this Paragraph 15 by Tenant; and/or (ii) environmental conditions or
<br />noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations in or about
<br />the Property by Tenant or Tenant's agents., employees or contractors. The provisions of this Paragraph 15 shall apply
<br />as of the Effective Date of this Agreeml~nt and survive termination of this Agreement. "Hazardous Material"
<br />means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or
<br />contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation,
<br />and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives,
<br />radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which
<br />constitutes a threat to health, safety, prope:rty or the environment or which has been or is in the future determined by
<br />any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation.
<br />
<br />16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory
<br />or otherwise concerning the Tenant Facilities or any portion thereof, which shall be deemed personal property for the
<br />purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
<br />Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether
<br />before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without
<br />Landlord's consent.
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<br />17. Notices. All notices, re:quests, demands and other communications hereunder shall be in writing
<br />and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
<br />next-business-day delivery by a nationally recognized overnight carrier to the following addresses:
<br />
<br />If to Tenant, to: With a copy to: If to Landlord, to:
<br />Clear Wireless LLC Clear Wireless LLC City of Louisville
<br />Attn: Site Leasing Attention: Legal Department Attn: Director of Finance
<br />4400 Carillon Point 4400 Carillon Point City of Louisville
<br />Kirkland, W A 98033 Kirkland, W A 98033 749 Main Street
<br />Telephone: 425-216-7600 Telephone: 425-216-7600 Louisville, CO 80027
<br />Fax: 425-216-7900 Fax: 425-216-7900 Telephone: 303-666-6565
<br />Email: Siteleasing(/j)clearwire.com Fax: 303-335-4550
<br />
<br />Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other
<br />party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
<br />
<br />Cleanvire Convnunication Tower Agreement
<br />
<br />. 8-
<br />
<br />v.S.22.()6
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