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North Olmsted, OH 44070 Attention: Safety Director Phone: 440-716-4136 Fax: 440-777-0480 Email: glaunerd@north-olmsted.com If to Lessee, to: TowerCo 2013 LLC 5000 Valleystone Drive, Suite 200 Cary, North Carolina 27519 Attention: Property Management Site ID#: OH0391 25. Title and Quiet Enjoyment. Lessor warrants and represents that (i) it has the full right, power, and authority to execute this Lease; (ii) it has good and marketable fee simple title to the Premises free and clear of any liens and encumbrances or mortgages; (iii) there are no easements, licenses, rights, covenants or restrictions on use related to or affecting the Premises which will interfere with Lessee's Intended Use of the Premises; and (iv) the execution of this Lease by Lessor will not cause a breach or an event of default of any other agreement(s) to which Lessor is a party, and (v) the Premises constitutes a legal lot that may be leased without the need for any subdivision or platting approval. Lessor covenants that it shall comply with all applicable laws, regulations and requirements related to the Property and that Lessee shall have the quiet enjoyment of the Premises during the term of this Lease. In the event that Lessor fails to keep the Premises free and clear of any liens and encumbrances, Lessee shall have the right but not the obligation to satisfy such lien or encumbrance and deduct the full amount paid by Lessee on Lessor's behalf from future installments of Rent. 26. Occurrence of Lessor Default. The covenants, representations and conditions in this Agreement are mutual and dependent. Upon the occurrence of any breach or nonperformance of any representation, warranty, covenant, agreement or undertaking made by Lessor in this Agreement ("Default"), Lessee shall have the option to pursue any one or more of the following remedies without notice or demand: (a) Lessee, may, at its sole election, terminate the Lease; (b) Lessee, may, without being obligated and without waiving the Default, cure the Default, whereupon Lessor shall pay to Tenant, upon demand, all costs expenses, and disbursements incurred by Tenant to cure the Default. Tenant shall be permitted to offset said costs, expenses and disbursements incurred by Tenant against Rent or any other amounts due or becoming due by Tenant to Landlord under this Lease; or (c) Tenant shall be entitled to pursue any and all other rights or remedies available at law or equity, including specific performance of this Lease, with respect to Landlord's default. 27. Assi nom. Upon written notice to Lessee, Lessor is permitted to transfer this Lease only in connection with the sale of the Parent Parcel and only on the following conditions: (a) the acquiring party must and will assume in writing all of the rights and obligations of Lessor under this Lease on and after the date of purchase of the Parent Parcel and (b) Lessor must retain no rights or obligations under the Lease after the date of sale of the Parent Parcel (a "Lessor Permitted Assignment"). Lessee may assign this Lease without the consent of but only following prior reasonable notice to Lessor. From and after the date this Lease has been sold, assigned or transferred by Lessee to a third party agreeing to be subject to the terms hereof, Lessee shall be conditionally 8 TowerCo Site Name: N Olmsted Rec TowerCo Site Number: OH0391