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• . SITE NAME SF NI OS
<br /> SITE NUMBER: CA- SFO03I2A
<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 Licensor'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 /> Licensor'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: With a copy to: If to Licensor, to: •
<br /> Clear Wireless, LLC Clear Wireless, LLC City of San Leandro
<br /> Attn: Site Leasing Attention: Legal Department Attention: Tara Peterson
<br /> 4400 Carillon Point 4400 Carillon Point 835 East I4 Street
<br /> Kirkland, WA 98033 Kirkland, WA 98033 San Leandro, CA 94577
<br /> Telephone: 425 -216 -7600 Telephone: 425 -216 -7600 Telephone: 510 -577 -3432
<br /> Fax: 425 -216 -7900 Fax: 425 - 216 -7900 TPeterson@cisan-leandro.ca.us
<br /> Email: Siteleasing(a)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.
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