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Upon relocation of LFSSEF's (facilities to the Relocation Site, all references to the Premises
<br />herein shall be deemed to be references to the Relocation Site, LESSOR and LESSEE agree that the (Relocation Site
<br />(including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of I.E3SSEE,
<br />and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises.
<br />Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEF,"s
<br />Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms
<br />and conditions of this Agreement.
<br />C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE
<br />the depreciated value for LESSEE'S Facilities and equipment, based on a ten-year lease period.
<br />29. DEFAULT,. In the event there is a default by either party with respect to any of the provisions of this
<br />Agreement or its obligations under it, including the payment of rent, the non -defaulting party shall .give the defaulting
<br />party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15)
<br />days in which to cure any monetary default and 'thirty (30) days in which to cure any non -monetary default, provided
<br />the defaulting partyshall have such extended period as may be required beyond the thirty (30) days if the nature of the
<br />cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within
<br />the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting
<br />party may not maintain any action or affect any remedies for default against the defaulting party unless and until the
<br />defaulting party has failed to cure the same within the time periods provided In this Section. If either party commences
<br />an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be
<br />entitled to have .and recover from the losing party reasonable anorney's fees and costs of suit.
<br />30 ENVIRONME
<br />�WAJ,,
<br />A. LESSEE shall .not bring any Hazardous Materials onto the Premises/Property, except for
<br />those contained in its back-up power batteries and common materials used in telecommunications operations.
<br />"Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in
<br />any applicable federal, state or local law or regulation„ including ,petroleum and asbestos. LESSEE will treat and
<br />dispose of any Hazardous Materials brought onto the PremisesJProperty by it in accordance with all federal, state
<br />and local laws and regulations.
<br />B. I..FSSOR will be responsible for all obligations of compliance with any and all
<br />environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of` any
<br />governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any
<br />environmental, or 'industrial hygiene conditions or concerns as may now or at .any time hereafter be in effect, that are
<br />or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such
<br />conditions or concerns are caused by the activities of LESSEE.
<br />C. LESSOR shall hold LESSEE, harmless and indemnify LESSEE from .and assume all.
<br />duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability
<br />(including but not limited to payment of penalties, sanctions, forfeitures, losses, costs,, or damages) and for
<br />responding to any action, notice, claim, order, summons„ citation, directive, litigation, investigation or proceeding
<br />which is in any way related to. (i) failure to comply with any environmental or industrial hygiene law, including
<br />without litnitation any regulations,, guidelines, standards, or policies of any governmental authorities regulating or
<br />imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene
<br />concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from
<br />conditions caused by LESSEE; anti (ii) any environmental or industrial hygiene conditions arising out of" or in any
<br />way related to the condition of the Property or activities conducted thereon, unless such environmental conditions
<br />are are caused by LESSEE..
<br />31, CA,SUALTY. In the event of damage by fire or other casualty to the Premises that cannot
<br />reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
<br />other casualty so that such damage may reasonably be expected to disrupt LE:SSEE's operations at the Premises for
<br />more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR.
<br />has not commenced the restoration required to permit LESSEE to resume its operation at the Premiscs, terminate
<br />this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this
<br />Agreement to expire with the same farce and effect as though the date ;set forth in such notice were the date
<br />originally set as the expiration date of this Agreement and the parties shall mate an appropriate adjustment, as of
<br />Sire tio: 1A03009C I Eel Savador Park Page'a Or 23
<br />Site Address: 1825 Civic Center Drivc'Wust, Santa Ana, CA 92703
<br />Page 36 of 107
<br />City Council 12 — 44 3/18/2025
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