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• Certificate Holder: The insurance "Certificate Holder" shall be addressed to Pinnacle Towers LLC, Legal
<br />Department, 2000 Corporate Drive, Canonsburg, Pa 15317
<br />3. Indemnification. Company shall indemnify and hold SWDD, its parent, all of its subsidiary and affiliate
<br />companies, and property owners harmless against any claim of liability or loss from bodily injury and/or property
<br />damage resulting from or arising out of Company's and/or any of its contractors, servants, agents or invitees acts
<br />or omissions during its exercise of rights hereunder, and any breach of the terms, covenants and conditions of
<br />this Agreement, including, but not limited to any claim of liability or loss associated with any Environmental
<br />Hazards as defined in this Agreement, excepting, however such claims or damages to the extent due to or caused
<br />by the sole negligence or willful misconduct of SWDD, or its independent contractors, servants, agents or
<br />invitees. If SWDD is made a party to any litigation commenced by or against Company for any of the above
<br />reasons, then Company shall protect and hold SWDD harmless and pay all costs, penalties, charges, damages,
<br />expenses and reasonable attorneys' fees incurred or paid by SWDD in connection therewith.
<br />4. Environmental Matters. Company and its agents and independent contractors shall not bring to, transport
<br />across or use any Environmental Hazards on any Site without SWDD's prior written approval. Company's use of
<br />any approved substances constituting Environmental Hazards must comply with all applicable laws, ordinances
<br />and regulations governing such use. The term "Environmental Hazards" means hazardous substances, hazardous
<br />wastes, pollutants, asbestos, polychlorinated biphenyl (PCB), petroleum or other fuels (including crude oil or any
<br />fraction or derivative thereof) and underground storage tanks. The term "hazardous substances" shall be
<br />defined in the Comprehensive Environmental Response, Compensation and Liability Act, and any regulations
<br />promulgated pursuant thereto. The term "pollutants" shall be as defined in the Clean Water Act, and any
<br />regulations promulgated pursuant thereto.
<br />5. Payment. Company shall pay to SWDD the amount of $150.00 per day as consideration for the rights granted to
<br />Company herein. Such payment shall be made upon full execution of this Agreement and payable based on the
<br />duration of use.
<br />6. Renewal and Termination. The Company may request in writing to SWDD Managing Director to renew the
<br />agreement at least four (4) times per year. The request for renewal shall not be unreasonably refused. The
<br />Agreement shall terminate after two (2) years and will require formal SWDD approval.
<br />7. Radio Frequency Exposure Safety.
<br />i. Company represents and warrants and shall cause its agents, independent contractors, servants, and
<br />invitees to represent and warrant that they are fully aware of and knowledgeable about the inherent
<br />dangers of working on or near tower, rooftop, or other wireless communication sites that are "live", i.e., that
<br />are actively receiving and/or transmitting radio signals that may create radio frequency radiation ("RFR")
<br />(hereinafter "Live Sites").
<br />ii. Company shall implement all procedures and take all measures necessary to ensure that only those
<br />Company's employees or agents or its independent contractor's employees or agents who make the
<br />representations set forth in this subsection i., and who have satisfactorily completed RFR safety training in
<br />accordance with FCC OET 65, the most current applicable updates in OSHA regulations and guidelines, and
<br />commonly recognized industry practices, may enter a Live Site or perform work on a Live Site. SWDD shall
<br />have no responsibility whatsoever to monitor access to the Live Sites, or to monitor the performance of
<br />work on such Live Sites, by Company's or its lower tier contractor's employees or agents, or to verify training
<br />of the same.
<br />iii. The presence at, or performance of any work on a Live Site by any of Company's or its lower tier
<br />contractor's employees or agents (i) who have not made the above representations, and (ii) who have not
<br />satisfactorily completed RFR safety training, shall constitute a material breach of this Agreement. Upon such
<br />material breach, SWDD shall have the right to immediately terminate this Agreement, and Company shall be
<br />liable to SWDD for any damages and costs incurred a result of said termination.
<br />Entry & Testing Agreement 2 / 4 Revision L
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