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<br />certified mail, return receipt requested, to the address indicated
<br />below the parties' signatures (or to any other mailing address which
<br />the party to be notified may designate to the other party by such
<br />notice). If sent by mail, any notice, tender, demand, delivery, or
<br />other communication shall be effective or deemed to have been
<br />given three (3) days after it has been deposited in the United States
<br />mail, duly registered or certified, with postage prepaid, and
<br />addressed as set forth above. If sent by telefacsimile, any notice,
<br />tender, demand, delivery, or other communication shall be effective
<br />or deemed to have been given twenty-four (24) hours after the time
<br />set forth on the transmission report issued by the transmitting
<br />facsimile machine, addressed as set forth above. For purposes of
<br />calculating these time frames, weekends, federal, state, County, or
<br />city holidays shall be excluded.
<br />13. Hazardous Substances. Landlord warrants and agrees that
<br />neither Landlord nor, to Landlord's knowledge, any third party has
<br />used, generated, stored or disposed of, or permitted the use,
<br />generation, storage or disposal of, any Hazardous Material (as
<br />defined below) on, under, about or within Landlord's Property in
<br />violation of any law or regulation. Landlord and Tenant each agree
<br />that they will not use, generate, store or dispose of any Hazardous
<br />Material on, under, about or within Landlord's Property in violation
<br />of any law or regulation. Landlord and Tenant each agree to defend
<br />and indemnify the other and the other's partners, affiliates, agents
<br />and employees against any and all losses, liabilities, claims and/or
<br />costs (including reasonable atiomeys' fees and costs) arising from
<br />any breach of any warranty or agreement contained in this
<br />paragraph. "Hazardous Material" shall mean any substance,
<br />chemical or waste identified as hazardous, toxic or dangerous in any
<br />applicable federal, state or local law or regulation (including
<br />petroleum and asbestos).
<br />14. Enioyment/Non-Interference. Landlord warrants and
<br />agrees that Tenant, upon paying the rent and performing the
<br />covenants of this Lease, shall enjoy the rights set forth in this Lease.
<br />Landlord shall not cause or permit any use of the Landlord's
<br />Property which interferes with or impairs the quality of the
<br />communications services being rendered by Tenant from the
<br />Premises, provided, however, that Landlord shall have the unilateral
<br />right and privilege to (a) undertake all normal items and operations
<br />associated with the current use of the Property, such as, high
<br />powered electric lights, food service, laundry service, and (b)
<br />arrange for the televising of any public event to be held at the
<br />Property.
<br />quasi-govemmental authority. All such compliance
<br />shall be accomplished at Landlord's sole cost and
<br />expense.
<br />(c) The language of each part of this Lease shall be
<br />construed simply and according to its fair meaning,
<br />and this Lease shall never be construed either for or
<br />against either party. This Lease shall be governed by
<br />and construed in accordance with the laws of the State
<br />of California.
<br />(d) If either party institutes any action or proceeding in
<br />court to enforce any provision of this Lease, or any
<br />action for damages for any alleged breach of any
<br />provision of this Lease, then the prevailing party in the
<br />action or proceeding shall be entitled to receive from
<br />the losing party such amount as the court may adjudge
<br />to be reasonable attorneys' fees for the services
<br />rendered to the prevailing party, together with its other
<br />reasonable litigation expenses.
<br />(e) Each party to this Lease represents and warrants that it
<br />has full authority to execute this Lease and to bind its
<br />respective parties to the Lease.
<br />(f) At Tenant's request, Landlord shall use its best efforts
<br />to secure commercially reasonable non -disturbance
<br />agreement(s) from lenders and ground lessors who
<br />hold a security interest or ownership interest in
<br />Landlord's Property.
<br />(g) Preparation of this Lease by Tenant or Tenant's agent
<br />and submission of this Lease to Landlord shall not be
<br />deemed an offer to Landlord to lease. This Lease shall
<br />become binding upon Landlord and Tenant only when
<br />fully executed by both parties.
<br />16. Tenant's Access Limitation. Tenant agrees that its
<br />access to the Premises as described in Paragraph 1 herein above,
<br />shall limited by when the Premises is being used for a public event,
<br />and the 4 hours before and after any such event. However, when
<br />feasible, Tenant shall be given written notification from the
<br />Landlord seven (7) days prior to any such public event is to taking
<br />place. Tenant will obey all procedures set by Landlord regarding
<br />notification before visiting, checking in on -site, parking, gates, etc.
<br />15. Miscellaneous.
<br />17. Notification Requirement. Tenant agrees to provide 24
<br />hours notice to the Executive Director of the Parks, Recreation and
<br />(a) This Lease, including attached exhibits, incorporates
<br />Community Services Agency of the City of Santa Ana before any
<br />all agreements and understandings between Landlord
<br />installation, maintenance, replacement or repair is to take place
<br />and Tenant, and no verbal agreements or
<br />pursuant to Paragraph 1 herein above.
<br />understandings shall be binding upon either Landlord
<br />or Tenant, and any addition, variation or modification
<br />18. Remedies. If an Event of Default occurs by Tenant,
<br />to this Lease shall be ineffective unless made in
<br />Landlord shall have, in addition to any other remedies available at
<br />writing and signed by the parties. No amendment
<br />law or in equity, any one or more of the following remedies at
<br />hereto shall be effective unless set forth in writing and
<br />Landlord's election:
<br />executed by Landlord and Tenant. Additionally, any
<br />amendments to this Lease must be submitted to the
<br />(a) By written notice to Tenant, Landlord may
<br />Planning Division of the City of Santa Ana for review.
<br />terminate this Lease and declare this Lease
<br />All exhibits referenced herein and attached to the
<br />ended, in which event this Lease shall
<br />Lease shall be incorporated by reference as if fully set
<br />terminate, Tenant shall immediately surrender
<br />forth in the Lease.
<br />the Premises to Landlord in good order and
<br />repair to the satisfaction of the Landlord, and
<br />(b) Landlord warrants and agrees that Landlord's Property
<br />Landlord shall have the right to recover from
<br />(including, without limitation, the Premises), and all
<br />Tenant (i) the worth at the time of the award of
<br />improvements comply and during the term of this
<br />the unpaid rent and all additional rent and other
<br />Lease shall continue to comply with a]I building,
<br />amounts and charges payable by Tenant that
<br />life/safety, disability and other laws, codes and
<br />had been earned at the time of termination of
<br />regulations of any governmental or
<br />this Lease; (ii) the worth at the time of the
<br />203289/annual rent -3 25mFm
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