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as follows:
<br />(i) six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines
<br />that LESSEE'S continued tenancy is not in conformity with LESSOR'S intended use of the Property, LESSOR shall
<br />provide written notice to LESSEE that the Lease will not be extended.
<br />(ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines
<br />that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then
<br />current term,; Within sixty (60) days of receipt of LESSEE'S notice, LESSOR shall determine whether such
<br />extension is in LESSOR'S best interest and, if not in LESSOR'S interest, LESSOR shall deny such extension
<br />request.
<br />If Lessor does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal
<br />Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis.
<br />8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE'S ability to use the
<br />Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the
<br />"Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory
<br />soil boring tests which will permit LESSEE'S use of the Premises as set forth herein. LESSOR shall cooperate with
<br />LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the
<br />Property with respect to the proposed use by LESSEE.
<br />Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the
<br />Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable)
<br />and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's
<br />Facilities (defined below) and for the purpose of preparing for the construction of LESSEE'S Facilities. In the event
<br />that any of such applications for such Governmental Approvals should be finally rejected or any Governmental
<br />Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the
<br />governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the
<br />Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for
<br />its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right
<br />to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
<br />upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the
<br />LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no
<br />further obligations including the payment of money, to each other.
<br />9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE'S Facilities (defined
<br />below), LESSEE shall obtain LESSOR'S approval of LESSEE'S work plans, which approval shall not be
<br />unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her
<br />designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must
<br />comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR'S receipt of
<br />LESSEE'S work plans. If LESSEE does not receive such approval or request for changes in writing within such
<br />fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be
<br />entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans.
<br />10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with
<br />LESSEE'S provisioning of its mobile/wireless communications services, including without limitation, the
<br />transmission and the reception of radio communication signals on various licensed frequencies. Accordingly,
<br />LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises its radio
<br />communications facilities, including but not limited to, radio frequency transmitting and receiving equipment,
<br />batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting
<br />structures and improvements ("LESSEE'S Facilities"). All improvements shall be at LESSEE'S sole expense and
<br />the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which
<br />approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from
<br />LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to
<br />Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to
<br />be installed. LESSEE agrees that the installation and maintenance of LESSEE'S Facilities shall be effected with all
<br />reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the
<br />foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its
<br />equipment, cables and antennas which comprise LESSEE'S Facilities for the purpose of repairing or upgrading the
<br />communications capabilities of LESSEE'S Facilities, with notice to LESSOR, so long as the equipment, cables or
<br />antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive
<br />Site No: LA03009C Page 2 of 23
<br />Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92 Q ~ ~ ~~
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