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<br />620\3185927.4 4
<br />a. Company covenants that it shall enter each Permit Property in such manner
<br />and at such time as shall not interfere with any other existing use of the Permit Property. City
<br />covenants that it shall reasonably cooperate with Company so that the Company Parties’ entry may
<br />be handled in an efficient manner and so as to avoid any unreasonable delays with respect to the
<br />Permitted Activities. Company hereby waives and releases City for any claim for damages against
<br />City in the event that Company’s entry onto a Permit Property or any of the Permitted Activities
<br />are delayed for any reason whatsoever, except and to the extent caused by the gross negligence or
<br />willful misconduct of any representatives of City.
<br />b. The Company Parties shall be liable for any damage to a Permit Property or
<br />other City Property (“City Property”) that occurs as a result of the Permitted Activities, except
<br />and to the extent: (1) such damage is required as a condition to Company’s completion of the
<br />Permitted Activities, in which case Company shall, to the extent necessary and feasible, promptly
<br />restore City Property to its condition existing prior to the commencement of such activities; or (2)
<br />the damage is caused by the gross negligence or willful misconduct of City. Any damage to City
<br />Property caused by the Company Parties in violation of this Agreement shall be immediately
<br />repaired to the satisfaction of City at Company’s sole cost and expense.
<br />c. Company shall not encroach on the public right of way adjacent to any
<br />Permit Property unless Company has applied for and received any necessary approvals and/or
<br />permits. All equipment and material storage shall be secured by Company on the Permit Property.
<br />d. Company shall at all times keep the Permit Property free and clear of all
<br />liens and encumbrances affecting title to the Permit Property in connection with any work
<br />performed by the Company Parties under the applicable Site Agreement. Upon notice of any such
<br />lien or claim, Company may bond and contest in good faith the validity and the amount of such lien,
<br />but Company shall immediately pay any judgment rendered, shall pay all proper costs and charges,
<br />and shall have the lien or claim released at its sole expense.
<br />e. Company shall comply with all applicable state, federal and local laws,
<br />regulations, rules and orders, with respect to the Permitted Activities, including, without limitation,
<br />all Environmental Laws (defined below) and all laws relating to allowable presence of or human
<br />exposure to Radiofrequency Radiation (“RFs”) or Electromagnetic Fields (“EMFs”). Company
<br />shall provide City with all reports relating to a particular Permit Property which Company is
<br />required to prepare under applicable law. Company shall not cause any Hazardous Material
<br />(defined below) to be generated, brought onto, used, stored, or disposed of in or about the P ermit
<br />Property. As used in this Agreement, the term “Hazardous Material” means any chemical,
<br />compound, material, mixture, or substance that is now or may in the future be defined or listed in,
<br />or otherwise classified pursuant to any Environmental Laws (defined below) as a “hazardous
<br />substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, infectious
<br />waste”, toxic substance”, toxic pollutant”, or any other formulation intended to define, list or
<br />classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity,
<br />carcinogenicity, or toxicity. The term “hazardous material” shall also include asbestos or asbestos-
<br />containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum,
<br />petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural
<br />gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate, and methy tert butyl
<br />ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental
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