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City of North Olmsted <br />5200 Dover Center Road <br />North Olmsted, OH 44070 <br />Attention: Safety Director <br />Phone: 440-7164136 <br />Pax: 440-777-0460 <br />Email: glaunerd@north-olmeted.com <br />If to Lessee, to <br />TowerCo 2013 LLC <br />5000 Valleystone Drive, Suite 200 <br />Cary, North Carolina 27519 <br />Attention: Property Management <br />Site IDN: OH0391 <br />25. Title and Ouiet Eniovment. Lessor warrants and represents that (i) it has the full right, <br />power, and authority to execute this Lease; (ii) it has good and marketable fee simple title to the <br />Premises free and clear of any liens and encumbrances or mortgages; (iii) there are no easements, <br />licenses, rights, covenants or restrictions on use related to or affecting the Premises which will <br />interfere with Lessee's Intended Use of the Premises; and (iv) the execution of this Lease by Lessor <br />will not cause a breach or an event of default of any other agmement(s) to which Lessor is a party, and <br />(v) the Premises constim[es a legal lot that may be leased without the need for any subdivision or <br />platting approval. Lessor covenants that it shall comply with all applicable laws, regulations and <br />requirements related to the Property and that Lessee shall have the quiet enjoyment of the Premises <br />during the term of this Lease. In the event that Lessor fails to keep the Premises free and clear of any <br />liens and encumbrances, Lessee shall have the right but not the obligation to satisfy such lien or <br />encumbrance and deduct the full amount paid by Lessee on Lessor's behalf from future installments of <br />Rent. <br />26. Occurrence of Lessor Default. The covenants, representations and conditions in this <br />Agreement are mutual and dependent. Upon the occurrence of any breach or nonperformance of any <br />representation, warranty, covenant, agreement or undertaking made by Lessor in this Agreement <br />("Default'), Lessee shall have the option to pursue any one or more of the following remedies without <br />notice or demand: (a) Lessee, may, at its sole election, terminate the Lease; (b) Lessee, may, without <br />being obligated and without waiving the Default, cute the Default, whereupon Lessor shall pay to <br />Tenant, upon demand, all costs expenses, and disbursements incurred by Tenant to cure the Default. <br />Tenant shall be permitted to offset said costs, expenses and disbursements incurred by Tenant against <br />Rent or any other amounts due or becoming due by Tenant to Landlord under this Leese; or (c) Tenant <br />shall be entitled to pursue any and all other rights or remedies available at law or equity, including <br />specific performance of this Lease, with respect to Landlord's default. <br />27. Assianin . Upon written notice to Lessee, Lessor is permitted to transfer this Lease <br />only in connection with the sale of the Parent Parcel and only on the following conditions: (a) the <br />acquiring party must and will assume in writing all of the rights and obligations of Lessor under this <br />Lease on and after the date of purchase of the Parent Parcel and (b) Lessor must retain no rights or <br />obligations under the Lease after the date of sale of the Parent Parcel (a "Lessor Permitted <br />TowerCo Sim Name: N Olmsted Rec <br />Tow WoSite Number: OH0391 <br />