Common Network Master License Agreement

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11. Conditions of Access. The Company Parties' entry onto a Permit Property shall be limited to performing the Permitted Activities. Without limiting the foregoing, the Company Parties will adhere to the following specific requirements: a. Company covenants that it shall enter each Permit Property in such manner and at such time as shall not interfere with any other existing use of the Permit Property. City covenants that it shall reasonably cooperate with Company so that the Company Parties' entry may be handled in an efficient manner and so as to avoid any unreasonable delays with respect to the Permitted Activities. Company hereby waives and releases City for any claim for damages against City in the event that Company's entry onto a Permit Property or any of the Permitted Activities are delayed for any reason whatsoever, except and to the extent caused by the gross negligence or willful misconduct of any representatives of City. b. The Company Parties shall be liable for any damage to a Permit Property or other City Property ("City Property") that occurs as a result of the Permitted Activities, except and to the extent: (1) such damage is required as a condition to Company's completion of the Permitted Activities, in which case Company shall, to the extent necessary and feasible, promptly restore City Property to its condition existing prior to the commencement of such activities; or (2) the damage is caused by the gross negligence or willful misconduct of City. Any damage to City Property caused by the Company Parties in violation of this Agreement shall be immediately repaired to the satisfaction of City at Company's sole cost and expense. C. Company shall not encroach on the public right of way adjacent to any Permit Property unless Company has applied for and received any necessary approvals and/or permits. All equipment and material storage shall be secured by Company on the Permit Property. d. Company shall at all times keep the Permit Property free and clear of all liens and encumbrances affecting title to the Permit Property in connection with any work performed by the Company Parties under the applicable Site Agreement. Upon notice of any such lien or claim, Company may bond and contest in good faith the validity and the amount of such lien, but Company shall immediately pay any judgment rendered, shall pay all proper costs and charges, and shall have the lien or claim released at its sole expense. e. Company shall comply with all applicable state, federal and local laws, regulations, rules and orders, with respect to the Permitted Activities, including, without limitation, all Environmental Laws (defined below) and all laws relating to allowable presence of or human exposure to Radiofrequency Radiation ("RFs") or Electromagnetic Fields ("EMFs"). Company shall provide City with all reports relating to a particular Permit Property which Company is required to prepare under applicable law. Company shall not cause any Hazardous Material (defined below) to be generated, brought onto, used, stored, or disposed of in or about the Permit Property. As used in this Agreement, the term "Hazardous Material" means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a "hazardous substance", "hazardous material", "hazardous waste", "extremely hazardous waste", infectious waste", toxic substance", toxic pollutant", or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "hazardous material" shall also include asbestos or asbestos - containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, 620\3185927.7 4