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at SARTC, which is under construction. Such operations may affect the number of parking spaces
<br />available at any one time, though it is not possible to determine the precise effect at the time of
<br />this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will provide
<br />parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking
<br />structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must
<br />use the surface lots at SARTC.
<br />20. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due,
<br />Landlord shall forward written notice, pursuant to Section 22, 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 option of Landlord, cause the termination of this Lease.
<br />(b) If Tenant shall default in the performance of any other terms or provisions
<br />of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, 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 option, shall cause the termination of this Lease immediately; provided,
<br />however, if the nature of the alleged default is such that it cannot be performed within the thirty
<br />(30) day period, Tenant shall have such additional time as may be reasonably necessary, as
<br />determined by the City, to complete performance provided that Tenant diligently commences such
<br />cure and diligently pursues the same to completion.
<br />21. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous
<br />Substances" shall mean, without limitation, any substance that is biologically or chemically active
<br />or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based
<br />paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes
<br />of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or
<br />ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as
<br />amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super
<br />Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law,
<br />ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or
<br />imposing liability or standards of conduct concerning any such substances or materials or any
<br />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
<br />Hazardous Substances will be stored on the Premises and no Hazardous Substances will be
<br />discharged on the Premises by Tenant. Tenant agrees that such representations and warranties
<br />shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless
<br />Landlord from any and all costs, expenses, claims and damages, including, but not limited to,
<br />attorneys' fees and costs of remediation, arising from Tenant's breach of any of the representations
<br />and warranties contained in this Section.
<br />22. NOTICE: All notices or demands required or permitted to be given or served
<br />pursuant to this Lease shall be deemed to have been given or served only if in writing, postage
<br />and/or delivery fees pre -paid and shall be sent by U.S.P.S. Certified Mail, Return Receipt
<br />Requested or via an overnight (or 2-day) delivery service maintaining a record of delivery (e.g.
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