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and/or regulatory entities and in acquiring any necessary upgrades to or relocation of utility service to
<br /> support the Permitted Use. Grantor's cooperation shall be at no cost to Grantor and without requiring
<br /> payment of additional rent or fees by Grantee or any Collocator. Grantor shall not interfere with any
<br /> construction in the Easement so long as such construction is to support the Permitted Use and is
<br /> proceeding pursuant to a building permit or other required municipal or governmental approvals.
<br /> Grantor shall not, nor shall Grantor permit its lessees, licensees, employees, invitees or agents to, use
<br /> any portion of the Parent Property or the Easement in a way which materially interferes with the
<br /> operations of any Collocator who shall have peaceful and quiet possession and enjoyment of the
<br /> Easement. Grantor may not directly or indirectly induce, invite, or conspire to induce or invite any
<br /> Collocator to use or lease space in direct competition with Grantee's Easement.
<br /> 7. Assignment. Grantee may pledge, assign, mortgage, grant a security interest, or otherwise encumber
<br /> its interest created by this Agreement.Grantee may freely assign this Agreement in part or in its entirety,
<br /> and any or all of its rights hereunder, including the right to receive rent payments. Upon the absolute
<br /> assumption of such assignee of all of the obligations of Grantee under this Agreement, then Grantee
<br /> will be relieved of all obligations and liabilities hereunder.
<br /> 8. Taxes and Other Obligations. All taxes and other obligations that are or could become liens against
<br /> the Parent Property or any subdivision of the Parent Property containing the Easement,whether existing
<br /> as of the Effective Date or hereafter created or imposed, shall be paid by Grantor prior to delinquency
<br /> or default.Grantor shall be solely responsible for payment of all taxes and assessments now or hereafter
<br /> levied, assessed or imposed upon the Parent Property, or imposed in connection with the execution,
<br /> delivery, performance or recordation hereof, including without limitation any sales, income,
<br /> documentary or other transfer taxes. If Grantor fails to pay when due any taxes or other obligations
<br /> affecting the Parent Property,Grantee shall have the right but not the obligation to pay such and demand
<br /> payment therefor from Grantor,which payment Grantor shall make within ten(10)days of such demand
<br /> by Grantee.
<br /> 9. Insurance. During the Term of this Agreement, each Collocator shall maintain general liability
<br /> insurance as required under their respective lease.Grantor shall maintain any insurance policies in place
<br /> on the Parent Property or as required under each Collocation Agreement.
<br /> 10. Subordination and Non-Disturbance. Grantor shall maintain the Parent Property free of mortgages
<br /> or other fmancial security interests or obligations.
<br /> 11. Mutual General Indemnification. Grantor and Grantee shall each indemnify and hold harmless the
<br /> other against any and all claims,damages,costs and expenses(including reasonable attorney's fees and
<br /> disbursements) caused by or arising out of the indemnifying party's breach of this Agreement or the
<br /> negligent acts or omissions or willful misconduct on the Parent Property by the indemnifying party or
<br /> the employees, agents, or contractors of the indemnifying party. Any requirements of Grantor in this
<br /> Section 11 are only to the limits set forth in §768.28,Florida Statutes.
<br /> 12. Environmental Representations and Indemnification.
<br /> a. Grantor represents and warrants that,to the best of Grantor's knowledge,no pollutants or other
<br /> toxic or hazardous substances, as defined under the Comprehensive Environmental Response,
<br /> Compensation,and Liability Act("CERCLA"),42 U.S.C.9601 et seq.,or any other federal or
<br /> state law, including any solid, liquid, gaseous, or thermal irritant or contaminant, such as
<br /> smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste (including materials to be
<br /> recycled, reconditioned or reclaimed) (collectively, "Hazardous Substances") have been, or
<br /> shall be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to
<br /> escape or migrate (collectively referred to as the "Release") on or from the Parent Property.
<br /> Asset File#: TwPA0035492 Page 3 of 11
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