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<br />transmitter(s), receiver(s) and accessories) computer and data communications systems, including routers,
<br />ancillary support equipment such as batteries, power systems including generators, dehydrators, air
<br />conditioning and alarms, mounting platforms, waveguides, ice bridges and such other equipment or
<br />supporting structures and hardware and associated software as may be necessary in order to provide such
<br />Wireless Communications Services.
<br />"Communications Facility" means, as to any Site, the Reserved Space (as to AirTouch or any
<br />other Sublessor) or any Occupied Space (as to a Space Subtenant), together with a Sublessor's or such
<br />Space Subtenant's Improvements and Communications Equipment.
<br />"Contracts" means any and all contracts, agreements, licenses, leases of real and personal
<br />property, deeds, private easements, rights-of--way and rights of access.
<br />• "Date of Taking" means the eazlier of the date upon which title to the applicable Site, or any
<br />portion thereof, subj ect to a Taking is vested in the condemning authority, or the date upon which
<br />possession of such Site or portion thereof is taken by the condemning authority.
<br />"Environmental Condition" means any condition or circumstance, including the presence of
<br />Hazardous Substances, at any Site that did or does (i) require abatement or correction under an
<br />Environmental Law or (ii) give rise to any civil or criminal Liability under any Environmental Law
<br />relating to the use or occupancy of the Sites.
<br />"Environmental Law" means a law, regulation, statute or ordinance pertaining to land use, air,
<br />soil, surface water, groundwater (including the protection, cleanup, removal, remediation or damage
<br />thereof] including, without limitation, the following laws: (a) Clean Air Act (42 U.S.C. § 7401 et se . ;
<br />(b) Clean Water Act (33 U.S.C. § 1251 et se . ; (c) Resource Conservation and Recovery Act (42 U.S.C.
<br />§ 6901 et se . ; (d) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.
<br />§ 9601 et se . ; (e) Safe Drinking Water Act (42 U.S.C. § 300f et s . ;and (f) Toxic Substances Control
<br />Act (15 U.S.C. § 2601 et se . .
<br />"Excluded Claims" means: (i) any Claims to the extent arising out of any breach by any of the
<br />Sublessors prior to the applicable Site Commencement Date of any provision of any Contrail; (ii) any
<br />product liability or similaz Claim for injury to any Person or property, regardless of when made or
<br />asserted, to the extent that if arises out of or is based upon any express or implied representation,
<br />warranty, agreement or guarantee made by any of the Sublessors, or alleged to have been made by any of
<br />the Sublessors, or the ownership, use, occupancy or operaLon of the Managed Components or the Sites.
<br />by any of the Sublessors, or to the extent that it is imposed or asserted to be imposed by operation of any
<br />Law in connection with any service performed or product sold or~leased by or on behalf of any of the
<br />Sublessors, in each case prior to the applicable Site Commencement Date; (iii) any federal, state, local or
<br />foreign income or Tax payable with respect to the Managed Components for any period prior to the
<br />applicable Site Commencement Date; (iv) violation by any of the Sublessors prior to the applicable Site
<br />Commencement Date of Environmental Laws relating to the ownership, use, occupancy or operation of
<br />the Managed Components or the Sites by any of the Sublessors, or any Environmental Condition to the
<br />extent caused by any of the Sublessors and existing pr}Qr to the applicable Site Commencement Date; and
<br />(v) Claims (other than those otherwise specified in this definition) to the extent caused by the ownership,
<br />use, occupancy or operation of the Managed Components or the Sites by any of the Sublessors prior to
<br />the applicable Site Commencement Date.
<br />"Existing Space Subtenant" means, as to any Site, any Person (other than the applicable
<br />Sublessor), which is a "sublessee" under an Existing Sublease affecting such Site.
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