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Poysippi
<br /> from any negligence or intentional misconduct by Operator,its subcontractors,agents,servants,employees,or any or all of them
<br /> or from the presence of any Hazardous Materials brought onto the premises by Operator or Operator's agents, employees,
<br /> licenses, invitees or contractors. Affiliates shall mean any person or entity that directly or indirectly, through one or more
<br /> intermediaries, controls, is controlled by or is under common control with, another person or entity. Control for this definition
<br /> shall be defined as holding at least a majority of voting power or operating control. This paragraph 16 (b) shall survive
<br /> termination of this Agreement. Owner shall not in any event be liable in damages for Operator's business loss, business
<br /> interruption, or other special, incidental or consequential damages of whatever kind or nature, regardless of the cause of such
<br /> damages and Operator,and anyone claiming by or through it,expressly waives all claims for such damages.
<br /> 17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be
<br /> deemed given if personally delivered or mailed,by certified mail,return receipt requested,or by overnight service having a record
<br /> of receipt to the addresses indicated below:
<br /> if to Owner,to:
<br /> Vitillintaillita
<br /> Attn.:president
<br /> If to Operator,to:
<br /> Bug Tussel Wireless,LLC
<br /> 130 E.Walnut Street
<br /> 3'd Floor
<br /> Green Bay,Wisconsin 54301
<br /> Attention: Steven J.Schneider
<br /> With a copy to: J.Michael Long
<br /> 18. Title and Ouiet Eniovment. Owner represents and warrants to Operator that Owner currently leases or subleases the
<br /> Premises. Owner represents to Operator that Owner has good and marketable title to its leasehold interest in the Premises as
<br /> warranted to Owner by the fee owner,as the case may be,free and clear of all liens,encumbrances,and exceptions,except those
<br /> described in property and tax records of the county in which the Premises is located. Owner shall warrant and defend same to
<br /> Operator against the claims and demands of all persons and entities.
<br /> 19. Assignment. Operator may not sublease,sublicense,assign or delegate its interest in this Agreement without prior
<br /> written approval by Owner, not to be unreasonably withheld, except that Operator may assign or delegate its rights and
<br /> obligations under this Agreement to an entity that any entity which acquires all or substantially all of Operator's assets in the
<br /> market defined by the Federal Communications Commission in which the Premises is located by reason of a merger,acquisition
<br /> or other business reorganization.
<br /> 20. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their
<br /> respective heirs,successors,personal representatives and assigns.
<br /> 21. Compliance with Laws. All installations and operations in connection with this Agreement by either party shall be
<br /> conducted in accordance with all applicable rules and regulations of the Federal Communications Commission,Federal Aviation
<br /> Agency, and any other applicable federal, state and local laws, codes and regulations. Operator is solely responsible for the
<br /> licensing,operation and maintenance of Operator's Equipment, including, without limitation, compliance with any terms of its
<br /> Federal Communications Commission license with respect to tower light observation and any notification to the Federal Aviation
<br /> Administration in that regard. Operator's Equipment, transmission lines, and any related devises, and the installation,
<br /> maintenance and operation thereof,shall not damage the Tower or any property or properties adjoining,or interfere with the use
<br /> of the Tower and the remainder of the Premises, by Owner or others, and Operator shall defend, indemnify and hold harmless
<br /> Owner from any such damage.
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