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generated, stored or disposed of, or penvitted the
<br />use, generation, storage or disposal of, any
<br />Hazardous Material (as defined below) on,
<br />under, about or within Landlord's Property in
<br />violation of any law or regulation. Landlord and
<br />Tenant each agree that they will not use,
<br />generate, store or dispose of any Hazardous
<br />Material on, under, about or within Landlord's
<br />Property in violation of any law or regulation.
<br />Landlord and Tenant each agree to defend and
<br />indemnify the other and the other's partners,
<br />affiliates, agents and employees against any and
<br />all lasses, liabilities, claims andlor Costs
<br />(including reasonable attorneys' fees and costs)
<br />arising from any breach of any warranty or
<br />agreement contained in this paragraph,
<br />"Hazardous Material" shall mean any substance,
<br />chemical or waste identified as hazardous, toxic
<br />or dangerous in any applicable federal, state or
<br />local law or regulation (including petroleum and
<br />asbestos).
<br />14. Fpig an-lntederetnce, Landlord
<br />warrants and agrees that Tenant, upon paying the
<br />rent and performing the covenants of this Lease,
<br />shall enjoy the rights set forth in this Lease.
<br />Landlord shall not cause or permit any use of the
<br />Landlord's Property, which interferes with or
<br />impairs the quality ofthe communications
<br />services being rendered by Tenant from the
<br />Premises, provided, however, that Landlord shall
<br />have the unilateral right and privilege to (a)
<br />undertake all normal items and operatiouz_a
<br />associated with the current use of the Property,
<br />such as, public events which may include high
<br />powered electric lights and food service, (b)
<br />arrange for the televising of any public event to
<br />be held at the Property, and CO ability to contract
<br />with other interested parties.
<br />lS. Miscel1ane�tst�.
<br />(a) This Lease, including attached exhibits,
<br />incorporates all agreements and
<br />understandings between Landlord and
<br />Tenant, and no verbal agreements or
<br />understandings shell be binding upon
<br />either Landlord or Tenant, and any
<br />addition, variation or modification to
<br />this Lease shall be ineffective unless
<br />made in writing and signed by both
<br />parties. No amendment hereto shall be
<br />effective unless set forth in writing and
<br />executed by Landlord and Tenant.
<br />Additionally, any amendments to this
<br />Lease must be submitted to the
<br />Planning Division of the City of Santa
<br />AT&T C-840 (Downtown Santa Ana)
<br />Ana for review. All exhibits referenced
<br />herein and attached to this Lease shall
<br />be incorporated by reference as if fully
<br />set forth in the Lease.
<br />(b) Landlord warrants and agrees that
<br />Landlord's Property (including,
<br />without limitation, the Premises), and
<br />all improvements comply and during
<br />the term of this Lease shall continue to
<br />comply with all building, health and
<br />safety, disability and other laws, codes
<br />and regulations of any governmental or
<br />quasi -governmental entity. All such
<br />compliance shall be accomplished at
<br />Landlord's cost and expense.
<br />(c) The language of each part of this Lease
<br />shall be construed sirmly aad
<br />according to its fair meaning, and this
<br />Lease shall never be construed either
<br />for or against either party. This Lease
<br />shall be governed by and construed in
<br />accordance with the laws of the State of
<br />California.
<br />(d) If either party institutes any action or
<br />proceeding in court to enforce any
<br />provision of this Lease, or any action
<br />for damages for any alleged breach of
<br />any provision of this Lease, then the
<br />prevailing party in the action or
<br />proceeding shall be entitled to receive
<br />from the losing party sucb amount as
<br />the court may adjudge io be reasonable
<br />attorneys' fees for the services rendered
<br />to the prevailing party, together with its
<br />other reasonable litigation expenses.
<br />(e) Each party to this Lease represents and
<br />warrants that it has full authority to
<br />e=ute this Lease and to bind its
<br />respective parties to the Lease.
<br />(fa Preparation of this Lease by Tenant ar
<br />Tenant`s agent and submission of this
<br />Lease to Landlord shall not be deemed
<br />an offer to Landlord to lease. This
<br />Lease shall become binding upon
<br />Landlord and Tenant only when fully
<br />executed by both parties.
<br />16. lenant's Access to Prlemise 2212eftt'.
<br />(a) Limitations - Tenant agrees that its
<br />access to the premises as described in
<br />Paragraph 1 herein above, shall he
<br />limited when the Premises is being
<br />used for a public event, and the four (4)
<br />hours before and after any such event.
<br />Tenant will obey all procedures set by
<br />Landlord regarding notification before
<br />Final - Stadium Lease Agreement
<br />Page 4 of 3
<br />Page 25 of 67
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