|
spaces available at any one time, though it is not possible to determine the precise effect at the
<br />time of this Lease. Surface Parking Lots I and 2 allow up to 72-hour parking. Landlord will
<br />provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If
<br />the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and
<br />invitees must use the surface lots at SARTC.
<br />21. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due,
<br />Landlord shall forward written notice, pursuant to Section 24, of such default to Tenant, and the
<br />failure of Tenant to cure such default within three (3) days after the date of receipt of such notice
<br />shall, at the sole option of Landlord, cause the termination of this Lease.
<br />(b) If Tenant shall default in the performance of any other terms or provisions of this
<br />Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 24, of such
<br />default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such
<br />notice, Landlord at its sole option, shall cause the termination of this Lease immediately.
<br />22. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances"
<br />shall mean, without limitation, any substance that is biologically or chemically active or any
<br />hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint,
<br />asbestos or petroleum derivative substances), or material defined as such in (or for purposes of)
<br />(i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or
<br />ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act,
<br />as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local
<br />"Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local
<br />statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating,
<br />relating to or imposing liability or standards of conduct concerning any such substances or
<br />materials or any amendments or successor statutes with respect to any of the foregoing.
<br />(b) During the Term of this Lease, Tenant represents and warrants that no Hazardous
<br />Substances will be stored on the Premises and no Hazardous Substances will be discharged on
<br />the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any
<br />termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any
<br />and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and
<br />costs of remediation, arising from Tenant's breach of any of the representations and warranties
<br />contained in this Section.
<br />23. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to
<br />this Lease shall be in writing and shall be deemed to be properly given if delivered in person or
<br />mailed by first class or certified mail, postage prepaid, to the following persons.
<br />TO TENANT:
<br />PGH Wong Engineering, Inc.
<br />Attn: Peter G.H. Wong
<br />182 2°a St. Suite 500
<br />San Francisco, CA 94105-3801
<br />TO CITY:
<br />Public Works Agency
<br />City of Santa Ana
<br />20 Civic Center Plaza (M-21)
<br />Santa Ana, California 92701
<br />Attention: Executive Director of Public Works Agency
<br />
|