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configuration. Improvement of the Premises and Easement,
<br />including all costs of installation, operation and maintenance of the
<br />Communications Facility, to meet Tenant's needs shall be at
<br />Tenant's sole expense. In exercising the rights conferred by the
<br />Lease, Tenant shall maintain the Premises in a neat, clean, sanitary
<br />and safe condition and must use reasonable care and may not
<br />unreasonably increase the burden on the Property. Tenant agrees
<br />that the installation and maintenance of a Communications Facility
<br />on the Property of the Landlord on which they are installed shall be
<br />effected with all reasonable diligence and precaution to avoid
<br />damage to the land, property or personnel. Additionally, the
<br />Communication Facility shall be maintained in a manner that is
<br />consistent with the approved plans for the project and Tenant shall
<br />comply with all conditions and requirements from the Development
<br />Review Committee of the City of Santa Ana for this development
<br />project (DP No. 99-0656). In the event that maintenance is
<br />required, such as but not limited to the replacement of missing
<br />branches or the repainting of the facility, such maintenance must be
<br />completed within 14 working days. Landlord shall not be held
<br />responsible for loss of or damage to Tenant's Improvements on the
<br />Property. Tenant's ability to use the Premises is dependent upon
<br />Tenant's obtaining all of the certificates, permits and other approvals
<br />which may be required from any federal, state or local authority and
<br />any non -disturbance agreements and access rights which Tenant
<br />requires from any third parties (collectively, "Approvals").
<br />Landlord shall cooperate with Tenant from time to time, but at no
<br />expense to Landlord, in its efforts to obtain the Approvals as may be
<br />required for the Premises as initially configured or as subsequently
<br />modified, and, except for the provisions contained herein, Landlord
<br />shall take no action which will adversely affect the status of the
<br />Premises with respect to Tenant's proposed uses. Tenant may not
<br />use the Premises or Property for any other purpose or business, other
<br />than its intended purpose as hereinabove stated, without obtaining
<br />the Landlord's prior written consent, which consent shall not be
<br />unreasonably withheld, conditioned or delayed.
<br />6. Termination. If any application by Tenant for any
<br />Approval is finally denied or rejected, or if any Approval is
<br />canceled, expires, lapses or is otherwise withdrawn or terminated, or
<br />if, due to technological changes or for any other reason, Tenant, in
<br />its sole discretion, determines that it will be unable to use the
<br />Premises for Tenant's intended purposes, then Tenant shall have the
<br />right to immediately terminate this Lease. Tenant shall notify
<br />Landlord, in writin,of Tenant's exercise of its right to terminate
<br />this Lease, and this Lease shall terminate after all Improvements to
<br />the Property and Premises have been removed and the Property and
<br />Premises have been restored to its original condition, excepting
<br />normal wear and tear, provided however, Tenant shall have only 60
<br />days from the date of written notification of its decision to exercise
<br />its termination rights, to removal all such Improvements and restore
<br />the Property and Premises to its original condition. Termination
<br />shall relieve both parties of any further obligations under this Lease,
<br />although each shall continue to have its remedies for any breach of a
<br />lease obligation which occurred prior to the date of termination. The
<br />parties agree that Paragraphs 7, 8, 9 and 10 shall continue to apply
<br />until Tenant has completed its removal of personal property and
<br />fixtures and restoration of the Premises. No refund for cost of
<br />Improvements will be due to Tenant by Landlord at any time.
<br />7. Insurance. Tenant shall provide Landlord satisfactory
<br />evidence of personal property insurance in an amount sufficient to
<br />fully protect all personal property owned or controlled by Tenant
<br />from theft, fire, or other loss or damage while upon the Premises.
<br />Tenant shall also maintain commercial general liability insurance
<br />with a combined single limit of not less than $1,000,000.00 per
<br />occurrence. Such insurance shall: (i) name the City of Santa Ana,
<br />its officers, agents, employees and volunteers as additional insureds;
<br />(2) be primary with respect to insurance or self-insurance programs
<br />maintained by the Landlord, and (3) contain standard separation of
<br />insureds provisions. Tenant shall: (i) furnish properly executed
<br />certificates of insurance to the Landlord prior to exercising its rights
<br />under this Lease, which certificates shall clearly evidence all coverages
<br />required above and provide that such insurance shall not be materially
<br />changed or tenminated except on 30 days prior written notice to the
<br />Landlord; (b) attach a completed and signecl copy an "Additional
<br />Insured Endorsement" form to the certificates of insurance noted
<br />above; (c) maintain such insurance from the time the project first
<br />commences until completion of the project under this Lease ; and (d)
<br />replace such certificates for policies expiring prior to the termination of
<br />this Lease.
<br />8. Release/Waivers. Tenant waives all claims against
<br />Landlord, its officers, agents, employees and volunteers for any
<br />injury or death to any person, damage to any property, or loss of use
<br />of any property or loss to Tenant's business caused by or from
<br />Tenant's use, maintenance or occupancy of the Premises, or by or
<br />from any rights conferred under this Lease to Tenant, excepting the
<br />willful misconduct or sole negligence of Landlord, its officers,
<br />agents, employees and volunteers. All policies of insurance obtained
<br />by either party pursuant to Paragraph 7 of this Lease shall waive the
<br />insurer's rights of subrogation against the other party.
<br />9. Utilities. Tenant shall be responsible directly to the
<br />serving entities for all utilities required by Tenant for its use of the
<br />Premises. Tenant will install an electric meter and the cost of
<br />electricity used by Tenant shall be paid by Tenant directly to
<br />Southern California Edison.
<br />10. Indemnities. Tenant agrees to indemnify, defend (with
<br />counsel satisfactory to Landlord) and hold harmless Landlord, its
<br />officers, agents, employees and volunteers from and against any and
<br />all claims (including any radio frequency and electromagnetic fields
<br />radiation related claims), losses, liabilities, costs, expenses, loss of
<br />or damage to property and for injuries to or death of any person
<br />when arising out of or, in any way, resulting from: (i) the use of the
<br />Premises and Easement by Tenant or its agents; (ii) any breach or
<br />default in the performance of any obligation on Tenant's part to be
<br />performed under the terms of the Lease; or (iii) any occurrence in,
<br />upon, or at the Premises and Easement or on account of the use,
<br />condition or occupancy of the Premises and Easement, excepting
<br />willful misconduct or sole negligence of Landlord, its officers,
<br />agents, employees and volunteers. The obligations of Section 10 of
<br />this Lease shall survive the termination of this Lease with respect to
<br />any damage, injury or death occurring prior to termination or
<br />expiration of this License.
<br />11. Tenant Defaults. The occurrence of any one or more of
<br />the following events shall constitute an "Event of Default" by
<br />Tenant:
<br />(a) The failure by Tenant to make any payment of rent or
<br />any other payment required to be made by Tenant, as
<br />and when due, where such failure shall continue for a
<br />period of 10 days after written notice is received by
<br />Tenant from Landlord.
<br />(b) The failure by Tenant to observe or perform any of
<br />the covenants or provisions of this Lease to be
<br />observed or performed by Tenant, other than as
<br />specified in Paragraph I I(a), where such failure shall
<br />continue for a period of 30 days after written notice is
<br />received by Tenant from Landlord; provided,
<br />however, that it shall not be deemed an Event of
<br />Default by Tenant if Tenant shall commence to cure
<br />such failure within said 30 day period and thereafter
<br />diligently prosecutes such cure to completion.
<br />12. Notices. All notices must be in writing and, unless
<br />otherwise provided, shall be deemed validly given if sent by
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