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16_ HAZARDOUS SUBSTANCES,
<br /> Licensee shall not use, generate, store or dispose of any Hazardous Material (defined below) on,
<br /> under, about or within the Property or the Premises in violation of any law or regulation. Licensee
<br /> agrees to defend, indemnify and hold harmless the Licensor and the Licensor' s officers, agents and
<br /> employees against any and all losses, liabilities, claims and/or costs, including reasonable attorney
<br /> fees and costs, arising from Licensee ' s breach this paragraph. As used in this paragraph,
<br /> "Hazardous Material" shall mean petroleum or any petroleum product, hydrocarbons, asbestos, any
<br /> substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or
<br /> waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law
<br /> or regulation. This paragraph shall survive for one ( 1 ) year after expiration or termination of this
<br /> Agreement.
<br /> Licensor warrants , represents, and agrees that neither the Licensor nor, to the best of Licensor ' s
<br /> knowledge, any third party has used, generated, stored, or disposed of any Hazardous Materials
<br /> in, on, or under the Leased Premises, Property and contiguous surrounding property. "Hazardous
<br /> Materials" shall mean petroleum or any petroleum product, asbestos, and any other substance,
<br /> chemical, or waste that is identified as hazardous, toxic, or dangerous in any applicable federal ,
<br /> state, or local law, rule, regulation, order or ordinance . To the extent permitted by law, Licensor
<br /> agrees to be responsible for and hold Licensee harmless from any and all claims, damages, fines,
<br /> judgments, penalties , costs , liabilities or losses (including, without limitation, any and all sums
<br /> paid for settlement of claims, attorneys ' fees and consultants ' and experts ' fees) from the
<br /> presence or release of any Hazardous Materials on Licensor' s Property or contiguous surrounding
<br /> property unless caused by Licensee or persons acting under Licensee.
<br /> 17_ SALF OR TRANSFER RV LICENSOR _
<br /> Licensor agrees not to subsequently sell, lease, or use any areas of Licensor's Property for the
<br /> installation, operation, or maintenance of other wireless communications facilities if, such
<br /> installation, operation, or maintenance would interfere with Licensee's facilities as determined by
<br /> radio propagation tests performed by subsequent licensee at subsequent licensee ' s expense. If the
<br /> radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee,
<br /> Licensor shall be prohibited from subsequent licensing that area of Licensor's Property at that
<br /> frequency. Licensor shall not be prohibited from the selling, leasing, or use of any of Licensor ' s
<br /> Property for non-wireless communication use.
<br /> 18, CONDEMNATION,
<br /> In the event that the whole of the Property, including without limitation the Property and Elevated
<br /> Tank, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold
<br /> to a condemning authority under threat of condemnation to prevent taking, then this Agreement
<br /> shall forthwith automatically cease and terminate . Licensor shall receive the entire condemnation
<br /> award for Land, Elevated Tank and such other improvements as are paid for by Licensor, and
<br /> Licensee hereby expressly assigns to Licensor any and all right, title and interest of Licensee now or
<br /> hereafter arising in and to any such award. Licensee may recover from such authority, and shall not
<br /> recover from Licensor, any compensation as may be awarded to Licensee on account of its interest
<br /> in this Agreement.
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