Conflict/Capitalized Terms Clause Samples

Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. [SIGNATURES FOLLOW ON NEXT PAGE] an Illinois municipal corporation Signature: Print Name: Title: Date: By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: Print Name: Title: Date: The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below. The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. a Type A General Law City Signature: Print Name: Title: Date: a Delaware limited liability company Signature: Print Name: Title: Date:

Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. LESSOR: Hamburg Township, a General Law township Signature: Print Name: Title: Date: Signature: Print Name: Title: Date: By: American Tower Delaware Corporation Title: Attorney-in-Fact Signature: Print Name: Title: Date: The undersigned, by its signature below, does hereby acknowledge and agree to pay to Lessor the “One-Time Payment” described in Section 1 above, provided all requirements in this Amendment have been satisfied. The undersigned additionally acknowledges and agrees that adequate consideration has been received for such payment(s). a Delaware corporation Signature: Print Name: Title: Date:

Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. [SIGNATURES FOLLOW ON NEXT PAGE] a municipal corporation Signature: Print Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Date: a Delaware limited liability company Signature: Print Name: Title: Date: The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below. The land referred to herein below is situated in the County of ▇▇▇▇▇, City of Green Bay, State of Wisconsin and is described as follows: All that part of Lot Twenty Four (24) in Dousman and ▇▇▇▇▇▇’▇ Addition to Fort ▇▇▇▇▇▇, now in the City of Green Bay, Wisconsin, which lies, East of ▇▇▇▇ Street and South of a line drawn parallel with Dousman Street and at a distance of 258 feet Southerly from the Southerly line of Dousman Street and which lies North of ▇▇▇▇ Street. Also Lot 23 in Dousman and ▇▇▇▇▇▇'▇ addition to Fort ▇▇▇▇▇▇, Now Part of the City of Green Bay. Also All of Lot Twenty-Two and the West one-half of lot 21 of Dousman and ▇▇▇▇▇▇'▇ addition to Fort ▇▇▇▇▇▇, now the City of Green Bay, Wisconsin; Excepting the North One hundred twenty-nine and 75/100 feet of each of the above lots. Also Lots 21 and 22, Dousman and ▇▇▇▇▇▇’▇ addition in Fort ▇▇▇▇▇▇, now a part of the City of Green Bay. Also The East Sixty Feet of the North 150 feet of Lot 20 lying Immediately West of the so called Besten Street, all in Dousman and ▇▇▇▇▇▇’▇ addition to the City of Green Bay, Wisconsin. Also The North half of Lot Twenty of Dousman and ▇▇▇▇▇▇'▇ addition to Fort ▇▇▇▇▇▇ now a part of the City of Green Bay. Also

Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Easement, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Easement. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Easement, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. [SIGNATURES FOLLOW ON NEXT PAGE] Signature: Print Name: ▇▇. ▇▇▇▇▇ ▇. Menzel Title: Superintendent Date: a Delaware limited liability company Signature: Print Name: Title: Date: This Exhibit A, with Grantor’s prior approval, may be replaced at Grantee’s option as described below The Parent Parcel consists of the entire legal taxable lot owned by Grantor as described in a deed (or deeds) to Grantor of which the Premises is a part thereof with such Parent Parcel being described below. Being situated in the County of Maricopa, State of Arizona, and being known as Maricopa County APN: 131-15-003-B. The Premises consists of that portion of the Parent Parcel as defined in the Easement which includes access and utilities easements.

Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. [SIGNATURES FOLLOW ON NEXT PAGE] an Illinois municipal corporation Signature: Print Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Date: a Delaware limited liability company Signature: Print Name: Title: Date: The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below. The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any). The Access and Utilities Easements include all easements of record as well as existing access and utilities currently servicing the Leased Premises to and from a public right of way. American Tower ▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ Woburn, MA 01801 Attn: Land Management/▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. ATC Site No: 371090 ATC Site Name: ▇▇▇▇ ▇▇▇▇

Conflict/Capitalized Terms. In the event of any conflict between the provisions of the Lease and the provisions of this Amendment, the provisions of this Amendment shall control. The initial capitalized terms used herein which are not specifically defined in this Amendment shall have the same meaning given such terms in the Lease.

Conflict/Capitalized Terms. Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. If there is a conflict between the Lease and this Amendment, this Amendment shall control. Signature: Print Name: Title: Date: a Delaware limited liability company Signature: Print Name: Title: Date: