25A - AGMT FOR STADIUM WIFI - Laserfiche WebLink

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Exhibit 7 28. REMEDIES. Upon an uncured default, the non -defaulting Party may at its option (but without obligation to do so), perform the defaulting Parry's duty or obligation on the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of insurance required to be maintained by LESSEE under this Agreement. The costs and expenses of any such performance by the non -faulting Party shall be due and payable by the defaulting Party within thirty (30) days following receipt of such party of a written invoice therefor accompanied by reasonable substantiation of any such costs incurred. In the event of an uncured default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such uncured default, the non -defaulting Party may terminate this Agreement. In the event of an uncured default the non -defaulting Party shall have the right to pursue an action for specific performance (including the payment of rent) and for the recovery of actual damages. No consequential damages, punitive damages, treble damages, and/or lost profits, or other financial recovery shall be available to either Party. 29. ENVIRONMENTAL. a. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal state and local laws and regulations. b. LESSOR will be responsible for all obligations of 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 conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) 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 of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. #22948v2 25A-14