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" '" , . 200511152 placement of guy WIres, anchors and utilities; and, (b) all other rights, privileges and appurtenances including, without limitation, Appurtenant Rights owned by Assignor, reversionary or otherwise, and in any way related to the Site Lease. 3. Assumption of Assumed Liabilities. Assignee hereby accepts the assignment of the Site Lease as herein set forth, and shall assume, and otherwise pay, satisfy and discharge all Liabilities of Assignor under the Site Lease, but only to the extent that (a) such Liabilities are not Retained Liabilities as set forth in the Agreement, and/or (b) such Liabilities are assignable to Assignee and arise or relate to the period from and after the Closing Date (it being understood, however, that Liabilities which either are not asserted or matured until after the Closing Date, but which arose from facts or circumstances prior to the Closing Date, are not Assumed Liabilities). In order to clarify the above with respect to the Site Lease, Assignee shall only assume, pay, satisfy and discharge those Liabilities that are Assumed Liabilities. Notwithstanding the assumption of the Liabilities as set forth above, nothing herein shall be deemed or construed to relieve Assignor, or to be an assumption by Assignee, of any Retained Liability or of any Liability arising from any event, condition, occurrence or other matter which is the subject of a breach or Default by Assignor of a representation, warranty or covenant contained in the Agreement, irrespective of whether such Liability arises or matures after the Closing Date. 4. Execution and Counterparts. To facilitate execution, the parties hereto agree that this Assignment may be executed and telecopied to the other party and that the executed telecopy shall be binding and enforceable as an original; provided, however, that at least one original signature of Assignor is provided to Assignee for recordation purposes. This Assignment may be executed in as many counterparts as may be required and it shall not be necessary that the signature of, or on behalf of, each party, or that the signatures of all persons required to bind any party, appear on each counterpart; it shall be sufficient that the signature of, or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on one or more of such counterparts. 5. Further Assurances: Recordation. The parties hereby covenant and agree to execute and have executed all such further assignments, instruments of transfer and agreements and to take (or cause to be taken) all such further actions as may reasonably be necessary in order to accomplish more fully and effectively the assignment and assumption of the Site Lease contemplated hereby. Assignor and Assignee acknowledge that this Assignment will be recorded, and each party shall cooperate with each other and take all commercially reasonable steps to ensure that it is properly recorded. 2