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solely by Tenant, that have occurred or which may occur on the Property, To the extent permitted by law, each party agrees to
<br />defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings,
<br />claims, causes of action, demands and liability (collectively, "Claims ") including, but not limited to, damages, costs, expenses,
<br />assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the
<br />existence or discovery of any Hazardous Substances on the Property or the migration of' any Hazardous Substance to other
<br />properties or the release of any Hazardous Substance into the environment (collectively, "Actions "), that relate to or arise from
<br />the indemnitor's activities on the Property. The indemnification in this section specifically includes, without limitation, costs
<br />incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required
<br />by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease.
<br />15. Assignment and Subleasing. (a) Tenant may not assign, sublet or otherwise transfer all or any part of its
<br />interest .in this Lease or in the Premises without the written consent of Landlord, which approval will not be unreasonably
<br />withheld, conditioned, or delayed; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or
<br />affiliate of it or its parent company or to any successor -in- interest, or to any entity acquiring all or substantially all of Tenant's
<br />stock or assets, subject to any financing entity's interest, if any, in this Lease, and subject to assignee assuming all of Tenant's
<br />obligations herein.
<br />(b) Notwithstanding the provisions of Section 15(a), Tenant may, upon notice to Landlord, mortgage or grant a
<br />security interest in this Lease and the Antenna Facilities, and may.assign this Lease and the Antenna Facilities to any mortgagees
<br />or holders of security interests, including their successors or assigns (collectively "Mortgagees "), provided such Mortgagees
<br />agree to be bound by the terms and provisions of this Lease. In such event, Landlord agrees, at Tenant's sole cost and expense, to
<br />execute such consent to leasehold financing in a form acceptable to Landlord and as may be reasonably required by the
<br />Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give
<br />Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
<br />Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice.
<br />All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant. Failure by Landlord to give
<br />Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to cure
<br />any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in Section 17 of this Lease.
<br />16. Successors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding
<br />upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
<br />17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise,
<br />conceming the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease,
<br />whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees
<br />the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in
<br />Tenant's and/or Mortgagee's sole discretion and without Landlord's consent.
<br />18. Miscellaneous.
<br />(a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and
<br />court costs, including appeals, if any.
<br />(b) Each party agrees to fumish to the other, within twenty (20) days after request, such truthful estoppel
<br />information as the other may reasonably request.
<br />(c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers,
<br />negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any
<br />amendments to this Lease must be in writing and executed by both parties.
<br />(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of
<br />Lease in substantially the form attached hereto as Exhibit C) necessary to protect its rights or use of the Premises. The
<br />Memorandum of Lease may be recorded by either party, but neither party shall have the right to record this Lease. In the event
<br />Tenant records this Lease or a memorandum hereof that is not substantially in the form attached as Exhibit C, then this Lease
<br />shall automatically terminate. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon
<br />request of Tenant, to obtain and furnish to Tenant a non - disturbance and attomment agreement for each such mortgage or deed of
<br />trust, in a form reasonably acceptable to Tenant. Tenant may at its expense obtain title insurance on its interest in the Premises.
<br />Landlord agrees, at Tenant's sole cost and expense, to execute such documents reasonably acceptable to Landlord as the title
<br />company may require in connection therewith; Landlord shall not be required to assume any indemnity obligation with any such
<br />documents.
<br />(e) This Lease shall be construed in accordance with the laws of the state in which the Property is located.
<br />Site Number: DNO
<br />Site Name:
<br />Market: Denver MTA
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