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C. Should the parties fail to agree on a suitable Relocation Site, <br /> LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and <br /> equipment, based on a ten-year lease period. <br /> 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 /> 12 <br /> <br /> Rosita Park <br /> 25B-14 <br /> <br />