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<br />then any portions of any Annual Rent payments
<br />covering any post -termination timeframe(s) shall
<br />be immediately refunded to Tenant by Landlord
<br />within thirty (30) days from the date of
<br />termination of the Lease.
<br />5. Use of Premises. Tenant may use the
<br />Premises for its intended purpose, which is to
<br />construct, maintain, secure and operate a
<br />wireless telecommunications cell facility
<br />("Communications Facility") an equipment
<br />enclosure, required antennas and antenna support
<br />structures (as such Communications Facility may
<br />be modified, added to or substituted from time to
<br />time). The Communications Facility, including
<br />all antennas and antenna support structures, may
<br />be configured as required by Tenant from time to
<br />time, provided that Tenant obtains all permits
<br />and approvals required by applicable
<br />jurisdictions for such required configuration.
<br />Improvement of the Premises and License,
<br />including all costs of installation, operation and
<br />maintenance of the Communications Facility, to
<br />meet Tenant's needs shall be at Tenant's sole
<br />expense. In exercising the rights conferred by
<br />the Lease, Tenant shall maintain the Premises in
<br />a neat, clean, sanitary and safe condition, must
<br />use reasonable care and may not unreasonably
<br />increase the burden on the Property. Tenant
<br />agrees that the installation and maintenance of a
<br />Communications Facility on the Property of the
<br />Landlord on which it is installed shall be effected
<br />with all reasonable diligence and precaution to
<br />avoid damage to the land, property or personnel.
<br />Additionally, the Communication Facility shall
<br />be maintained in a manner that is consistent with
<br />the approved plans for the Project and Tenant
<br />shall comply with all conditions and
<br />requirements from the Development Review
<br />Committee of the City of Santa Ana for this
<br />Development Project (DP No. ). In
<br />the event that maintenance is required, such as,
<br />but not limited to the replacement of missing
<br />branches or the repainting of the facility, such
<br />maintenance must be completed within 14
<br />working days. Landlord shall not be held
<br />responsible for loss of or damage to Tenant's
<br />Improvements on the Property. Tenant's ability
<br />to use the Premises is dependent upon Tenant's
<br />obtaining all of the certificates, permits, and
<br />other approvals which may be required from any
<br />federal, state or local authority and any non -
<br />disturbance agreements and access rights which
<br />Tenant requires from any third parties
<br />(collectively, "Approvals"). Landlord shall
<br />cooperate with Tenant proposed uses. Tenant
<br />may not use the Premises or Property for any
<br />other purpose or business, other than its intended
<br />purpose as hereinabove stated without obtaining
<br />the Landlord's prior written consent.
<br />6. Termination. If any application by Tenant
<br />for any Approval is finally denied or rejected, or
<br />if any Approval is canceled, expires, lapses or is
<br />otherwise withdrawn or terminated, or if, due to
<br />technological changes or for any other reason.
<br />Tenant, in its sole discretion, determines that it
<br />will be unable to use the Premises for Tenant's
<br />intended purposes, then Tenant shall have the
<br />right to immediately terminate this Lease.
<br />Tenant shall notify Landlord, in writing, of
<br />Tenant's exercise of its right to terminate this
<br />Lease, and this Lease shall terminate after all
<br />Improvements to the Property and Premises have
<br />been removed and the Property and Premises
<br />have been restored to its original condition,
<br />excepting normal wear and tear, provided
<br />however, Tenant shall have only 60 days from
<br />the date of written notification of its decision to
<br />exercise its termination rights, to removal all
<br />such Improvements and restore the Property and
<br />Premises to its original condition. Termination
<br />shall relieve both parties of any further
<br />obligations under this Lease, although each shall
<br />continue to have its remedies for any breach of a
<br />lease obligation, which occurred prior to the date
<br />of termination. The parties agree that Paragraphs
<br />7, 8, 9 and 10 shall continue to apply until
<br />Tenant has completed its removal of personal
<br />property and fixtures and restoration of the
<br />Premises. No refund for cost of Improvements
<br />will be due to Tenant by Landlord at any time.
<br />7. Insurance. Tenant shall provide Landlord
<br />satisfactory evidence of personal property
<br />insurance in an amount sufficient to fully protest
<br />all personal property owned or controlled by
<br />Tenant from theft, fire, or other loss or damage
<br />while upon the Premises. Tenant shall also
<br />maintain commercial general liability insurance
<br />with a combined single limit of not less than
<br />$1,000,000 per occurrence. Such insurance shall
<br />(1) include the City of Santa Ana, its officers,
<br />agents, employees and volunteers as additional
<br />insureds; (2) be primary with respect to
<br />insurance or self-insurance programs maintained
<br />by the Landlord, and (3) contain standard
<br />separation of insureds provisions. Tenant shall
<br />(i) furnish properly executed certificates of
<br />insurance to the Landlord prior to exercising its
<br />rights under this Lease, which certificates shall
<br />clearly evidence all coverages required above
<br />AT&T C-840 (Downtown Santa Ana) Final - Stadium Lease Agreement
<br />Page 2 of 8
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