225-18 Exhibit to Resolution Providing Consent for Crown Castle to Sublease Monopole at Recycling Center.pdf

from the non-faulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not reasonably be cured within thirty (30) day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such thirty (30) day period and proceeds with due diligence to fully cure the default. 14. Indemnity. (a) Licensee agrees to indemnify, defend and hold Township of West Orange and its employees, agents, and representatives harmless from and against any and all injury, loss, damage or liability (or any claims in respect to the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from the installation, use, maintenance, repair or removal of the Communication Facility or Licensee's breach of any provision of this Agreement, except to the extent attributable to the gross negligence, or intentional act of Township of West Orange, its employees, agents or independent contractors. (b) Notwithstanding anything to the contrary in this Agreement, Licensee and Township of West Orange each waive any claims that each may have against the other with respect to consequential, incidental or special damages. 15. Hazardous Substances. (a) Township of West Orange represents and warrants that the Property is free of hazardous substances as of the date of this Agreement, and, to the best of Township of West Orange's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Township of West Orange and Licensee agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards.·. of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to the party's activity conducted in or on the

ard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to the party's activity conducted in or on the Property. (b) The Township of West Orange and Licensee shall not introduce or use 'any substance, chemical or waste (collectively "Hazardous Substance") on the Property in violation of any applicable law. Each party agrees to indemnify and hold harmless the other from any contamination or hazardous conditions resulting in any environmental remediation, actions, or law suits that directly relate to or arise from the indemnitor's activities on the Property, except those caused by the indemnitee's negligence or willful misconduct. (c) The indemnifications of this Paragraph 15 Hazardous Substances specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 15 Hazardous Substances will survive the expiration or termination of this Agreement. (d) In the event Licensee becomes aware of any hazardous.materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Licensee's sole determination, renders the condition of the Premises or Property unsuitable for 4