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<br />and LESSEE agree upon in writing shall be referred to as the "Relocation Site". LESSEE shall have a period of not less
<br />than twelve (12) months after execution of a written agreement between the parties concerning the location and
<br />dimensions of the Relocation Site to relocate its Communications Facility to the Relocation Site.
<br />
<br />Upon relocation of LESSEE's Communications Facility to the Relocation Site, all references to the Premises herein
<br />shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including
<br />the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey
<br />will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly
<br />provided, LESSOR and LESSEE hereby agree that in no event will the relocation of the LESSEE's Facility, or any part
<br />thereof, under Paragraph A above, affect, alter, modifY or otherwise change any of the terms and conditions of this
<br />Agreement.
<br />
<br />c. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the
<br />depreciated value for its Communications Facility and equipment should the Premises be needed for a governmental
<br />purpose.
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<br />29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of
<br />this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the
<br />defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen
<br />(15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default,
<br />provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the
<br />nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the
<br />cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The
<br />non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless
<br />and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph. If either
<br />party commences an action against the other party arising out of or in connection with this Lease, the prevailing party
<br />shall be entitled to have and recover fi'om the losing party reasonable attorney's fees and costs of suit.
<br />
<br />30.
<br />
<br />ENVIRONMENTAL.
<br />
<br />a. As of the Effective Date of this Agreement: (I) Tenant hereby represents and warrants that it shall
<br />not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in
<br />violation of any Environmental Law (as defined below), and (2) Landlord hereby represents and warrants that (i) it
<br />has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Land in
<br />violation of any Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord
<br />has no knowledge that notice has been given to any predecessor owner or operator of the Land by, any governmental
<br />entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any
<br />environmental damage in, on, under, upon or affecting the Land; and (iii) it will not permit itself or any third party to
<br />use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Land in
<br />violation of any Environmental Law.
<br />
<br />b. Without limitation of Paragraph 14, Landlord and Tenant shall each indemnifY, defend and hold
<br />the other harmless ITom and against all Losses arising from (i) any breach of any representation or warranty made in
<br />this Paragraph 18 by such party; and/or (ii) environmental conditions or noncompliance with any Environmental Law
<br />(as defined below) that result, in the case of Tenant, from operations in or about the Land by Tenant or Tenant's
<br />agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or
<br />about, the Land by Landlord or Landlord's predecessors in interest, and their respective agents, employees,
<br />contractors, tenants, guests or other parties. The duties described in this Paragraph 18 shall apply as of the Effective
<br />Date of this Agreement and survive termination of this Agreement.
<br />
<br />c. "Hazardous Material' means any solid, gaseous or liquid wastes (including hazardous wastes),
<br />regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any
<br />Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products,
<br />flanunable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other
<br />substance or material which constitutes a threat to health, safety, property or the environment or which has been or is
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<br />CA 7007D Lease 8-11-04 tg rg
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