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and provide that such insurance shall not be
<br />materially changed or temvnated except on 30
<br />days prior written notice to the Landlord, (ii)
<br />attach a completed and signed copy of an
<br />"Additional Insured Endorsement" form to the
<br />certificates of insurance noted above, (iii)
<br />maintain such insurance from, the time the
<br />Project first corrimencea until completion of the
<br />Project under this Lease; and (iv) replace such
<br />certificates for polices expiring prior to the
<br />termination of this Lease.
<br />8, a ihtaivers. Tenant waives all claims
<br />against Landlord, its officers, agents, employees,
<br />and valuntem for any injury or death to any
<br />person, damage to property, or loss of use of any
<br />property or loss to Tenant's business caused by
<br />or from Tenant's use, maintenance or occupancy
<br />of the Premises, or by or from any rights
<br />conferred under this Lease to Tenant, excepting
<br />the willful misconduct or sole negligence of
<br />Landlord, its officers, agents, employees and
<br />volunteers. All policies of insurance obtained by
<br />either party pursuant to Paragraph 7 of this Lease
<br />shall waive the insured's rights of sibrogation
<br />against the other patty.
<br />9. if<ilities. Tenant shall be responsible
<br />directly to the serving entities fur all utilities
<br />required by Tenant for its use Of the Premises.
<br />Tenant will install an electric teeter and due cost
<br />of electricity used by Tenant shall be paid by
<br />Tenant directly to Southern California Edison-
<br />lo. Indemnities. Tenant agrees to indemnify,
<br />defend (with counsel satisfactory to Landlord)
<br />and hold harmless Landlord, its officers, agents,
<br />employees and volunteers from and against any
<br />and all clainn (including any radio frequency
<br />and electromagnetic fields radiation related
<br />claim), losses, liabilities, costs, expenses, loss
<br />or damage to property, and for injuries to or death
<br />of any person when arising our of or, in any way,
<br />resulting frorn: W the use of the Premises and
<br />License by Tenant or its agents; 0i) any breach
<br />or default in the performance of any obligation
<br />on Tenant's part to be performed under the terms
<br />of the Lease; or (iii) any occurrence in, upon, or
<br />at the Premises and license or on account of the
<br />use, condition or occupancy of the Premises and
<br />License, exoepting willful misconduct or sole
<br />negligence of Landlord, its Officers, agents,
<br />employees and volunteers. The obligations of
<br />Section 10 of this Lease shall survive the
<br />termination of this Lease with respect to any
<br />AT&T C-M (Downtown Santa Ana)
<br />damage, injury or death occurring prior to
<br />termination or expiration of this Agreement.
<br />11. ItallA Defa . The occurrence Of any
<br />one or more of the following events shall
<br />constitute an "Event of Default" by Tenant:
<br />(a) The failure by Tenant to snake any
<br />payment$ of rent or any other
<br />payment required to be made by
<br />Tenant, as and when due, where
<br />such failure shall continue for a
<br />period of 10 days after written
<br />notice is received by Tenant from
<br />Landlord.
<br />(b) The failure by Tenant to observe or
<br />perform any of doe covenants or
<br />provisions of this Lease to be
<br />ohserved or performed by Tenant,
<br />other than as specified its Paragraph
<br />11(a), where such failure shall
<br />continue for a period of 30 days
<br />after written notice is received by
<br />Tenant from Landlord, provided,
<br />however, that it shall not be
<br />deemed an Event of Default by
<br />Tenant if Tenant shall commence
<br />to cure such failure within said 30
<br />day period and thereafter diligently
<br />prosecutes such cure to completion.
<br />12. Notics. All notices must be in writing and,
<br />unless otherwise provided, shall be deemed
<br />validly given if sent by certified mail, return
<br />receipt requested to the a4idress indicated below
<br />the parties signatures (or in any other mailing
<br />address which the party to be notified may
<br />designate to the other party by such notice). If
<br />sent by mail, any notice, tender, demand,
<br />delivery, or other communication shall be
<br />effective or deemed to have been given three (3)
<br />days after it has been deposited is the United
<br />States mail, duly registered or certified, with
<br />postage prepaid, and addressed as set forth
<br />above. if sent by telefacsiMitc, any notice,
<br />tender, deurand, delivery, or other
<br />com,nunication shall be effective or deemed to
<br />have been given twenty-four (24) hours alter the
<br />tine set forth on the transmission report issued
<br />by the transmitting facsimile machine, addressed
<br />as set forth above. For the purposes of
<br />calculating these time frames, weekends, federal,
<br />stale, county, or city holidays shall be excluded.
<br />13.Landlord warrants
<br />and agrees that neither Landlord not, to
<br />Landlord's knowledge, any third party has used,
<br />Page 3 of 8
<br />Final - Stadium Lease Agreement
<br />Page 24 of 67
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