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COPY: City of Santa Ana - Office of the City Attorney <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />LESSEE: Los Angeles SMSA Limited Partnership, <br />d/b/a Verizon Wireless <br />180 Washington Valley Road <br />Bedminster, New Jersey 07921 <br />Attention: Network Real Estate (Site: Courthouse SA) <br />Notice shall be effective upon mailing or delivering the same via commercial courier, as <br />permitted above. <br />24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal <br />representatives, successors, and assigns of the Parties hereto. <br />25. SUBORDINATION AND NON DISTURBANCE, At LESSOR's option, this <br />Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust <br />or other security interest ("Mortgage") by LESSOR which from time to time may encumber all <br />or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE <br />being required to subordinate its interest in this Agreement to any future Mortgage covering the <br />Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and internment <br />agreement in the form reasonably satisfactory to LESSEE, ("Non -Disturbance Agreement"), and <br />shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as <br />long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods, <br />26. ATTORNEYS' FEES. The prevailing party in any legal action or lawsuit arising <br />hereunder shall be entitled to its reasonable attorneys' fees and court costs as determined by an <br />appropriate court of law, including appeals, if any. <br />27. DEFAULT. In the event there is a default by either Party with respect to any of <br />the provisions of this Agreement or its obligations under it, or the conditional use permit (if any), <br />and/or any applicable local, state or federal laws or regulations, or the payment of the Rent, the <br />non -defaulting Party shall give the defaulting Party written notice of such default. After receipt <br />of such written notice, the defaulting Party shall have thirty (30) days in which to cure any <br />monetary default and thirty (30) days in which to cure any non -monetary default, provided the <br />defaulting Party shall have such extended period as may be commercially reasonably required <br />beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than <br />thirty (30) days and the defaulting Party commences the cure within such thirty (30) day period <br />following a written notice of default and thereafter continuously and diligently pursues the cure <br />to completion. The non- defaulting Party may not maintain any action or effect any remedies for <br />default against the defaulting Party unless and until the defaulting Party has failed to cure the <br />same within the tune periods provided in this Paragraph. Delay in curing a default will be <br />excused if due to an event of force majeure. <br />#22948v2 <br />