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<br />is
<br />award of the amount by which the unpaid rent
<br />and all additional rent and oth<_�r charges
<br />payable by Tenant hereunder which would
<br />have been earned after termination of this
<br />Lease until the time of the award exceeds the
<br />amount of such loss that Tenant proves could
<br />have been reasonably avoided; (iii) the worth at
<br />the time of the award of the amount by which
<br />the unpaid rent and all additional rent and other
<br />charges payable. by Tenant hereunder which
<br />would have been paid for the balance of the
<br />tern of this Lease after the time of award
<br />exceeds the amount of such loss that Tenant
<br />proves could have reasonably been avoided;
<br />and (iv) any other amount necessary to
<br />compensate Landlord for all detriment
<br />proximately caused by Tenant's default. The
<br />"worth at the time of the award" as used in
<br />clauses (i) and (ii) of this subparagraph (a) is to
<br />be computed by allowing interest on unpaid
<br />amounts at the maximum legal rate. The
<br />"worth at the time of the award", as used in
<br />clause (iii) of this subparagraph (a), is to be
<br />computed at the discount rate of the Federal
<br />Reserve Bank of San Francisco at the time of
<br />the award plus one percent (1%).
<br />(b) Landlord may, pursuant to California Civil
<br />Code Section 1951.4, maintain Tenant's right to
<br />possession, in which case this Lease shall
<br />continue in effect whether or not Tenant shall
<br />have abandoned and vacated the Premises. In
<br />such event, Landlord shall be entitled to enforce
<br />all of Landlord's rights and remedies hereunder,
<br />including the right to recover rent, additional
<br />rent, and all other amounts payable hereunder as
<br />they become due
<br />(c) In an Event of Default by Tenant occurs,
<br />Landlord shall not have the right, prior to the
<br />termination of this Lease by a court of
<br />competent jurisdiction, to re-enter the Premises
<br />and/or remove persons or property from the
<br />Premises.
<br />19. Compliance With Laws. Tenant agrees that any
<br />improvements constructed by Tenant on the Premises and
<br />Easement and the Property and all of Tenant's operations
<br />within the Premises and Easement and the Property shall be in
<br />compliance with all applicable laws, codes and regulations.
<br />20. Assignment and Subletting. Tenant has an exclusive
<br />right to the Premises, provided however, Landlord shall have
<br />the right to use the Premise for incidental ("City Business"),
<br />including but not limited to: minor landscaping, minor
<br />maintenance, and minor construction proximately located
<br />near the Premises, so long as the City Business does not
<br />unreasonably interfere with or impair the operation of
<br />Tenant's Communication Facility. Landlord agrees that prior
<br />to conducting any such City Business, it shall obtain Tenant's
<br />prior written consent which shall not be unreasonably
<br />withheld, conditioned, or delayed. Tenant shall not
<br />voluntarily assign or encumber its interest in this Lease or in
<br />the Premises, or sublease all or any part of the Premises,
<br />without Landlord's prior written consent, which consent shall
<br />not be unreasonably withheld, conditioned or delayed.
<br />Without Landlord's prior written consent, any attempt to
<br />assign or sublet any rights or benefits under this Lease to a
<br />third party shall be null and void. However, Tenant shall not
<br />require Landlord's consent in order to assign this Lease, or to
<br />sublease all or any portion of the Premises, to Tenant's
<br />general partner, AirTouch Cellular, or to any "affiliate" of
<br />Aiffouch Cellular, or to any partnership in which AirTouch
<br />Cellular or any "affiliate" of AirTouch Cellular participates.
<br />An "affiliate" of AirTouch Cellular shall mean any entity
<br />which controls, is controlled by, or is under common control
<br />with AirTouch Cellular.
<br />21. Taxes. Landlord shall pay all real property taxes
<br />assessed against the Landlord's Property. Tenant shall pay all
<br />personal property taxes assessed against its equipment and all
<br />increases in Landlord's real property taxes or assessments directly
<br />attributable to installation of Tenant's equipment or Tenant's use
<br />of the Premises or Easeme;,_.
<br />22. Compelled Termination. If, during the Lease Term, there is
<br />a determination made pursuant to an official unappealable order of a
<br />county, state or national governmental health agency having proper
<br />jurisdiction that Tenant's use of the Premises poses a human health
<br />hazard which cannot be remediated, then (i) Tenant shall immediately
<br />cease all operations on the Premises, and (ii) this Lease shall terminate
<br />as of the date of such order.
<br />23. _Landlords Approval of Architectural and Engineering
<br />Drawings: Prior to commencement of any construction, alterations,
<br />modifications, or improvements, Tenant agrees to submit
<br />architectural and engineering drawings ofthe equipment ("Plans")
<br />to be installed, to the Landlord for its approval which shall not be
<br />unreasonably withheld, conditioned, or delayed. Landlord will have
<br />a reasonable amount of time upon its receipt of the Plans to
<br />disapprove them in writing. Landlord shall not be entitled to receive
<br />any additional consideration in exchange for giving its approval of
<br />Tenant's Plans.
<br />24. Relocation Right.
<br />(a) Within the first five (5) years of the Term,
<br />Landlord shall have the one-time right, upon
<br />development of Landlord's Property for
<br />commercial purposes, to relocate Tenant's
<br />Communications Facility and any necessary
<br />utilities , at Tenant's sole cost and expense, to
<br />alternate space within Landlord's Property.
<br />Additionally, within the second five (5) years
<br />of the Term, Landlord shall have the right to
<br />relocate Tenant's Communications Facility and
<br />any necessary utilities, at Landlord's sole cost
<br />and expense, to alternate space within the
<br />Landlord's Property. Provided, however, that
<br />all such relocation shall (1) be performed
<br />exclusively by Tenant or its agents, (2) not
<br />result in any interruption of the
<br />communications service provided by Tenant on
<br />Landlord's Property, (3) not impair, or in any
<br />manner alter, the quality of communications
<br />service provided by Tenant on and from
<br />Landlord's Property, and (4) be done in
<br />accordance with the terms and conditions
<br />contained in subparagraphs (b) and (c) below.
<br />Upon relocation of Tenant's Communications
<br />Facility, Tenant's utility cables, conduits and
<br />pipes shall be relocated as required, in Tenant's
<br />sole discretion, to operate and maintain
<br />Tenant's Communications Facility.
<br />(b) Landlord shall exercise its relocation right by
<br />(and only by) delivering written notice (the
<br />"Notice") to Tenant. In the Notice, Landlord
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