|
Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms
<br />and conditions of this Agreement.
<br />C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE
<br />the depreciated value for LESSEE's Facilities and equipment, based on a ten-year lease period.
<br />29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this
<br />Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting
<br />party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15)
<br />days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided
<br />the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the
<br />cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within
<br />the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting
<br />party may not maintain any action or affect any remedies for default against the defaulting party unless and until the
<br />defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences
<br />an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be
<br />entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.
<br />30. ENVIRONMENTAL.
<br />A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for
<br />those contained in its back-up power batteries and common materials used in telecommunications operations.
<br />"Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in
<br />any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and
<br />dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state
<br />and local laws and regulations.
<br />B. LESSOR will be responsible for all obligations of compliance with any and all
<br />environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any
<br />governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any
<br />environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are
<br />or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such
<br />conditions or concerns are caused by the activities of LESSEE.
<br />C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all
<br />duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability
<br />(including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for
<br />responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding
<br />which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including
<br />without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or
<br />imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene
<br />concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from
<br />conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any
<br />way related to the condition of the Property or activities conducted thereon, unless such environmental conditions
<br />are caused by LESSEE.
<br />31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot
<br />reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
<br />other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for
<br />more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR
<br />has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate
<br />this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this
<br />Agreement to expire with the same force and effect as though the date set forth in such notice were the date
<br />originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of
<br />such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to
<br />terminate this Agreement, Rent shall be abated proportionally to the reduction of use.
<br />32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate
<br />this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
<br />Site #: LA02899D
<br />Site Name: SC450 Fire Station
<br />Market: California
|