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

Licensee's use, or if Licensee receives written notice of a violation of any governmental law or regulation, Licensee will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Township of West Orange provided such condition is not present as a direct result of Licensee's facilities or use of the Premises and/or Property. 16. Environmental. The Township of West Orange and Licensee agree to hold ·harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs of damages and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the Indemnifying Party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards or liabilities or standards of contact with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect or (ii) any environmental or industrial hygiene conditions that arise out of or in any way related to the conditions of the property and activities conducted by the Party thereon, unless the environmental conditions are caused by the other Party. 17. Taxes. Licensee shall be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the communications facility on the Site. 18. Insurance. Licensee shall file a certificate of liability insurance with the Township of West Orange upon the execution of this Agreement. An insurance certificate shall confirm that cancellation of the subject insurance policy will not occur without at least a thirty (30) day prior written notice to the Township of West Orange. The insurance policy shall be a commercial general liability occurrence type insurance policy issued by a duly licensed company in the State of New Jersey, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability. It shall state that the insurance company waives all rights of recovery against the Township of

ss than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability. It shall state that the insurance company waives all rights of recovery against the Township of West Orange in connection with any damage covered by such party. All co-locators, upon execution of any agreement to co-locate at this Site, shall procure similar insurance at the same level and limits as the Licensees herein, and provide a certificate of liability insurance to the Municipal Clerk, Purchasing Director, Town Attorney'and Township Engineer of West Orange. The Insurance certificate shall be due (5) days before any construction commences. All insurance .shall be properly renewed no less than thirty (30) days before each anniversary during term of this agreement. All insurance certificates and coverages shall be subject to approval by the Town Attorney. 19. Maintenance. Licensee shall be responsible for repairing and maintaining the wireless communications system and any other improvements installed by Licensee at Site in a proper operating and reasonably safe condition. All property maintenance laws of the Township shall be strictly complied with. 20. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) This Agreement is governed by the laws of the State of New Jersey; (c) This Agreement (including the Exhibits) constitutes the 5