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Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises
<br /> herein shall be deemed to he references to the Relocation Site. LESSOR and LBSSEF,agree that the Relocation Site
<br /> (including the access and utility right of way)may be surveyed by a licensed surveyor at the sole cast of LESSFF
<br /> and such survey will thon replace Exhibit"S"and bticome a pall herzof and will control or describe the Premises.
<br /> Except as expressly provided,LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE'S
<br /> Facilities,or aoy part thereof,under subsection A above,affect,atter,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. DBPAULT. 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 ally monetary default and thirty(30)days in which to cure any FlOn-monetary default,provided
<br /> the defaulting party shall have such extended period as may be rcgaired beyond the thirty(30)days if the nature ofthe
<br /> cure is such that it reasonably reiluires more than(]kitty(30)days and the defaulting patty commences the cure within
<br /> the thirty(30)day period and thereafter continuously and diligently pursues the cure to completion. The ttou-defaulting
<br /> parry may not maintain any action or affect any remedies for default against the defaulting party unless and until the
<br /> defaulting patty 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 wide this Agreement,the prcvniling party shall be
<br /> entitled to have and recover from the losing party reasonable atlomey's fees and costs of suit.
<br /> 30. FNVIROIVMENTAL
<br /> A. LESSEE shall not bring any Hazardous Materials onto the Premise0roperty;except for
<br /> those contained in its back-up power batteries and common materials used in telecommunications operations,
<br /> "Hazardous Matcrlals"shall mean any substance,chornical 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 /> disposo of any Hazardous Materials brought onto the Premises/Property by it In accordance with all federal,state
<br /> and local laws and regulations.
<br /> 13. LESSOR will be responsible for all obligations of compliance with any and all
<br /> environmental and industrial hygiene laws, including nay 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 concerts as may now or at any time hereafter be by 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 agsnno.all
<br /> duties,responsibility and liability at LESSOR'S sole cost and expense,for all duties,responsWitles,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,ardor,summons,citation,directive,litigation,investigation or proceeding
<br /> which is in any way rotated to; (i)failure to comply with any environmental or industrial hygiene law, including
<br /> without limitation envy regulations,guidelines,standards,or policies of any governmental anthoriting regulati ip or
<br /> imposing standards of liability or standards of conduct with regard to any environmental or Industrial hy�ienc
<br /> concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from
<br /> conditions caused by LESSEiF.;and(ii)any environmental or Industrial hygiene conditions arising out of or in any
<br /> way rotated 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 ba ropaired 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 trt disrupt LESSEE's operations ut the Premises for
<br /> more khm►sixty(60)days,then 1,P
<br /> SSEE may at any time following such:tire 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 Agreementupon twenty(20)days written notice to LESSOR. Any such notice of termination shall cause this
<br /> Agreement to expire will, 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 Ws Agreement and the parties shall make an appropriate adjustment,as of
<br /> Site NO:1AW0 C1141SavetlorPark Page aor23
<br /> Site Address: 1925 Civic Center Drive ltesi,Santa.Ana,CA 92703
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