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25G - CELLULAR ANTENNA AT ROSITA PARK
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25G - CELLULAR ANTENNA AT ROSITA PARK
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1/3/2012 4:16:59 PM
Creation date
9/2/2009 11:37:47 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25G
Date
9/8/2009
Destruction Year
2014
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29. DEFAULT. In the event there is a default by either party with respect to <br />any of the provisions of this Agreement or its obligations under it, including the payment of <br />rent, the non-defaulting party shall give the defaulting party written notice of such default. <br />After receipt of such written notice, the defaulting party shall have fifteen (15) days in <br />which to cure any monetary default and thirty (30) days in which to cure any non-monetary <br />default, provided the defaulting party shall have such extended period as may be required <br />beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more <br />than thirty (30) days and the defaulting party commences the cure within the thirty (30) day <br />period and thereafter continuously and diligently pursues the cure to completion. The non- <br />defaulting party may not maintain any action or affect any remedies for default against the <br />defaulting party unless and until the defaulting party has failed to cure the same within the <br />time periods provided in this Section. If either party commences an action against the other <br />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 <br />suit. <br />30. ENVIRONMENTAL. <br />A. LESSEE shall not bring any Hazardous Materials onto the <br />Premises/Property, except for those contained in its back-up power batteries and common <br />materials used in telecommunications operations. "Hazardous Materials" shall mean any <br />substance, chemical or waste identified as hazardous, toxic or dangerous in any <br />applicable federal, state or local law or regulation, including petroleum and asbestos. <br />LESSEE will treat and dispose of any Hazardous Materials brought onto the <br />Premises/Property by it in accordance with all federal, state and local laws and <br />regulations. <br />B. LESSOR will be responsible for all obligations of compliance with <br />any and all environmental and industrial hygiene laws, including any regulations, <br />guidelines, standards, or policies of any governmental authorities regulating or imposing <br />standards of liability or standards of conduct with regard to any environmental or <br />industrial hygiene conditions or concerns as may now or at any time hereafter be in <br />effect, that are or were in any way related to activity now conducted in, on, or in any way <br />related to the Property, unless such conditions or concerns are caused by the activities of <br />LESSEE. <br />C. LESSOR shall hold LESSEE harmless and indemnify LESSEE <br />from and assume all duties, responsibility and liability at LESSOR'S sole cost and <br />expense, for all duties, responsibilities, and liability (including but not limited to payment <br />of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any <br />action, notice, claim, order, summons, citation, directive, litigation, investigation or <br />proceeding which is in any way related to: (i) failure to comply with any environmental <br />or industrial hygiene law, including without limitation any regulations, guidelines, <br />standards, or policies of any governmental authorities regulating or imposing standards of <br />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 <br />25G-18 <br />
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