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<br />Site 10: ND20!l42-A-03
<br />Site Name: Hickson Wild Rice
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<br />without further liability if (i) Owner fails to have proper
<br />possession of the Site or authority to enter into this
<br />Agreement; or (ii) Tenant does not obtain, after
<br />making diligent efforts, all permits or other approvals
<br />(collectively, "approval") required from any
<br />governmental authority or any easements required
<br />from any third party to operate the
<br />telecommunications system facility, or if any such
<br />approval is canceled, expires, is withdrawn or
<br />terminated by such governmental authority or third
<br />party following Tenant's diligent efforts to maintain
<br />such approval.
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<br />16. Default. If the Rent or other amount due
<br />hereunder is not paid in accordance with the terms
<br />hereof, Tenant will pay interest on the past due
<br />amounts at the lesser of (i) the rate of one and one-
<br />half percent (1.5%) per month, or (ii) the maximum
<br />interest rate permitted by applicable law. If either
<br />party is in default under this Agreement for a period
<br />of (a) ten (10) days following receipt of notice from
<br />the non-defaulting party with respect to a default
<br />which may be cured solely by the payment of money,
<br />or (b) thirty (30) days following receipt of notice from
<br />the non-defaulting party with respect to a default
<br />which may not be cured solely by the payment of
<br />money, then, in either event, the non-defaulting party
<br />may pursue any remedies available to it against the
<br />defaulting party under applicable law, including, but
<br />not limited to, the right to terminate this Agreement.
<br />Further, Owner may accelerate and declare the entire
<br />unpaid Rent for the balance of the existing Term to
<br />be immediately due and payable forthwith. If the
<br />non-monetary default may not reasonably be cured
<br />within a thirty (30) day period, this Agreement may
<br />not be terminated if the defaulting party commences
<br />action to cure the default within such thirty (30) day
<br />period and proceeds with due diligence to fully cure
<br />the default.
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<br />17. Taxes. Tenant shall pay all taxes. including,
<br />without limitation, sales, use and excise taxes, and all
<br />fees, assessments and any other cost or expense
<br />now or hereafter imposed by any government
<br />authority in connection with Tenant's payments to
<br />Owner, Tenant's Equipment or Tenant's use of the
<br />Site. In addition, Tenant shall pay that portion, if any,
<br />of the personal property taxes or other taxes
<br />attributable to Tenant's Equipment. Tenant shall pay
<br />as additional rent any increase in real estate taxes
<br />levied against the Site and Tenant's Equipment
<br />attributable to the Tenant's use and occupancy of the
<br />Site. Payment shall be made by Tenant within fifteen
<br />(15) days after presentation of receipted bill and/or
<br />assessment notice which is the basis for the demand.
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<br />18. Indemnity. Owner and Tenant each indemnifies
<br />the other against and holds the other harmless from
<br />any and all costs (including reasonable attorneys'
<br />fees and costs) and claims of Ii~b.jlity or loss which
<br />arise out of the use and/or occupancy of the Site by
<br />the indemnifying party including, without limitation,
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<br />ANTSITE 11-20-00 Other
<br />July 310 2006
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<br />Tenant Site Ii:): Hickson
<br />Tenant Site Name: Hickson
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<br />any damage occurring outside of the Site in
<br />connection with Tenant's installation of Equipment.
<br />This indemnity does not apply to any claims arising
<br />from the gross negligence or intentional misconduct
<br />of the indemnified party. Except for its own acts of
<br />gross negligence or intentional misconduct, Owner
<br />will have no liability for any loss or damage due to
<br />personal injury or death, property damage, loss of
<br />revenues due to discontinuance of operations at the
<br />Site, libel or slander, or imperfect or unsatisfactory
<br />communications experienced by the Tenant for any
<br />reason whatsoever.
<br />19. Hazardous Substances. Owner represents that
<br />it has no knowledge of any substance, chemical or
<br />waste (collectively, "substance") on the Site that is
<br />identified as hazardous. toxic or dangerous in any
<br />applicable federal, state or local law or regulation.
<br />Tenant or Owner will not introduce or use any such
<br />substance on the Site in violation of any applicable
<br />law, or permit any discharge or release of such
<br />substance on the Site.
<br />20. Liens. Tenant will not permit any mechanics,
<br />materialman's or other liens to stand against the Site
<br />for any labor or material furnished by Tenant in
<br />connection with work of any character performed on
<br />the Site by or at the direction of the Tenant. In the
<br />event that any notice of lien will be filed or given,
<br />Tenant will, within thirty (30) days after the date of
<br />filing cause the same to be released or discharged by
<br />either payment, deposit, or bond. Owner will be
<br />indemnified by Tenant from and against any losses,
<br />damages, costs, expenses, fees or penalties suffered
<br />or incurred by Owner on account of the filing of the
<br />claim or lien.
<br />21. Casualty or Condemnation. In the event of any
<br />damage, destruction or condemnation of the Site, or
<br />any part thereof, not caused by Tenant that renders
<br />the Site unusable or inoperable, Owner will have the
<br />right, but not the obligation, to provide an alternate
<br />location, whether on the same Site or another Site, or
<br />to terminate this Agreement within thirty (30) days
<br />after the damage, destruction or condemnation. If
<br />Owner does not terminate this Agreement: (I) the
<br />Rent payable hereunder will be reduced or abated in
<br />proportion to the actual reduction or abatement of
<br />use of the Site by Tenant; and (ii) Owner will make
<br />any necessary repairs to the Site caused by the
<br />damage or destruction and will be entitled to use any
<br />and all insurance proceeds to pay for any repairs. In
<br />the event Owner has not proceeded to repair, replace
<br />or rebuild the Site within sixty (60) days after the
<br />damage or destruction, after giving thirty (30) days
<br />written notice and Owner's failure to comply within
<br />that time frame, then Tenant may terminate this
<br />Agreement. Owner will in no event be liable to
<br />Tenant for any damage to or loss of Tenant's
<br />Equipment, or loss or damage sustained by reason of
<br />any business interruption suffered by reason of any
<br />condemnation, act of God, by Tenant's act or
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<br />Tenant Initials:_ Owner Initials;----:S~p.,11J
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