Item 12 - Ground License Agreement for Wireless Telecommunications Facilities

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twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours' notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE's Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first. F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement. G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing "as is" "where is" condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement. H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises, that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions. I. LICENSEE acknowledges that (1) LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Page 5 of 67