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

entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between parties. Any amendments to this Agreement must be in writing and executed by both parties; (d) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (e) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailed party. 21. Collateral Assignment. The Township of West Orange hereby (a) consents to the collateral assignment and granting of a security interest from time to time in favor of any holder of any indebtedness ("Lender") borrowed by Licensee, whether now or hereafter existing, in and to the Installation and Licensee's right, title and interest in, to and under this Agreement; (b) agrees to simultaneously provide the Lender with a copy of any notice of default sent to Licensee within fifteen (15) days of said notice and allow Lender the opportunity to remedy or cure any default as provided for in the Agreement; (c) agrees to recognize Lender as Lessee under this agreement upon written election of Lender so long as any existing default has been cured as provided hereunder. The Township of West Orange hereby further agrees to permit Lender to inspect or remove from the Property any of the collateral in which Lender has been granted a security interest by Licensee in accordance with any security docUIIlents granted in favor of Lender, subject to the Township of West Orange's statutory liens. Licensee's assets, whether attached to or otherwise brought onto the premises, shall at all times remain personal property and shall not be considered fixtures, and at Licensee's option may be removed by Licensee at any time during the term hereof or any subsequent renewal terms. 22. Municipal Approvals and Aesthetics. Licensee shall install or extend any existing approved fence. The fence shall

Licensee at any time during the term hereof or any subsequent renewal terms. 22. Municipal Approvals and Aesthetics. Licensee shall install or extend any existing approved fence. The fence shall match any existing fence. Licensee shall plant dense landscaping along the new portion of the fence with an initial planting height six to eight feet, subject to the approval of the Township Planner. Licensee shall install three additional branches on the Tree Monopole tree, subject to the approval of the Township Planner. 23. Severability. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto. 24. Condemnation. In the event the Township of West Orange receives notification of any condemnation proceedings affecting the Property, Township of West Orange will provide notice of the proceeding to Licensee within five (5) business days. If a condemning authority takes all of the Property, or a portion sufficient, in Licensee's reasonable determination, to render the Premises unsuitable for Licensee, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Licensee will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses, 6