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SITE NAME SF_39195
<br />SITE NUMBER: CA- SF00832A
<br />environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
<br />third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
<br />Property in violation of any applicable law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee
<br />shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including, without
<br />limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of
<br />any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental conditions or
<br />noncompliance with any applicable law or regulation that result, in the case of Licensee, from operations in or about
<br />the Property by Licensee or Licensee's agents, employees or contractors, and in the case of Licensor, from the
<br />ownership or control of, or operations in or about, the Property by Licensor or Licensor's predecessors in interest,
<br />and their respective agents, employees, contractors, licensees, guests or other parties. The provisions of this
<br />Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
<br />"Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
<br />substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable
<br />environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
<br />products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other
<br />substance or material which constitutes a threat to health, safety, property or the environment or which has been or is
<br />in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable
<br />environmental law or regulation.
<br />16. Waiver of Licenser's Lien Licensor hereby waives any and all lien rights it may have, statutory or
<br />otherwise concerning the Licensee Facilities or any portion thereof which shall be deemed personal property for the
<br />purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
<br />Licensor gives Licensee and Mortgagees the right to remove all or any portion of the same from time to time,
<br />whether before or after a default under this Agreement, in Licensee's and/or Mortgagee's sole discretion and without
<br />Licenser's consent.
<br />17. Notices All notices, requests, demands and other communications hereunder shall be in writing
<br />and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
<br />next - business -day delivery by a nationally recognized overnight carrier to the following addresses:
<br />If to Licensee, to:
<br />With a copy to:
<br />If to Licensor, to:
<br />Clear Wireless, LLC
<br />Clear Wireless, LLC
<br />City of San Leandro
<br />Attn: Site Leasing
<br />Attention: Legal Department
<br />Attention: Tara Peterson
<br />4400 Carillon Point
<br />4400 Carillon Point
<br />835 East le Street
<br />Kirkland, WA 98033
<br />Kirkland, WA 98033
<br />San Leandro, CA 94577
<br />Telephone: 425- 216 -7600
<br />Telephone: 425- 216 -7600
<br />Telephone: 510-577-3432
<br />Fax: 425- 216 -7900
<br />Fax: 425 -216 -7900
<br />TPeterson @ci.san- leandro.ca.us
<br />Email: Siteleasing@clearwire.com
<br />Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the
<br />other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
<br />18. Miscellaneous
<br />18.1 If Licensee is to pay License Fee to a payee other than the Licensor, Licensor shall notify
<br />Licensee in advance in writing of the payee's name and address.
<br />18.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to
<br />its reasonable attorney's fees and court costs, including appeals, if any.
<br />18.3 if any provision of the Agreement is invalid or unenforceable with respect to any party,
<br />the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held
<br />invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to
<br />the fullest extent permitted by law.
<br />18.4 Terms and conditions of this Agreement which by their sense and context survive the
<br />termination, cancellation or expiration of this Agreement will so survive.
<br />Clearwire Communication Tower Agreement - 6- v.5 -22 -06
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