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Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T
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Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T
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Last modified
2/6/2012 10:33:36 AM
Creation date
11/15/2004 11:28:24 AM
Metadata
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Template:
Agreement
Contractor Name
Bay Area Cellular Telephone Company AKA New Cingular Wireless PCS, LLC by AT&T Mobility Corp
PROJECT NAME
communications site
RMP File Number
304
Date
7/29/1996
Reso Ref
12786 12827
Amendment
Yes
Box
5854
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<br /> 19.12 Authority. Each individual executing this Lease on behalf of Lessee and <br /> Lessor represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf <br /> of said party. <br /> 19.13 Captions. The captions used herein are for convenience only and are not a <br /> part of this Lease and do not in any way amplify the terms or provisions hereof. <br /> 20 WARRANTIES AND COVENANTS OF LESSOR. Lessor warrants and <br /> covenants that: (a) Lessor has legal right to possession of the Leased Premises and the power and the right <br /> to enter into this Lease (b) subject to the rights set forth in this Lease and to the power of eminent domain, <br /> Lessor shall maintain the Emerald Lake Hills Water Tank Property in a manner which will not interfere <br /> with Lessee's use of the Leased Premises as contemplated hereby. <br /> 21. HAZARDOUS SUBSTANCES. Lessee agrees that it will not use, generate, store <br /> or dispose of any Hazardous Material (defined herein) on, under, about or within the Emerald Lake Hills <br /> Water Tank Property in violation of any law or regulation. Lessor represents warrants and agrees (I) that <br /> neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or <br /> permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within <br /> the Emerald Lake Hills Water Tank Property in violation of any law or regulation, and (2) that Lessor will <br /> not, and will not permit any third party to, use generate, store or dispose of any Hazardous Material on, <br /> under, about or within the Emerald Lake Hills Water Tank Property in violation of any law or regulation. <br /> Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, <br /> affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including <br /> reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement <br /> contained in this Section. As used in this Section, "Hazardous Material" shall mean petroleum or any <br /> petroleum product, asbestos, any substance known by the state of California to cause cancer and/or <br /> reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or <br /> dangerous in any applicable federal, state or local law or regulation. <br /> 19. <br /> - ---">~-.".~ '---~ <br />
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