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<br />and provide that such insurance shall not be
<br />materially changed or terminated except on 30
<br />days prior written notice to the Landlord, (ii)
<br />attach a completed and signed copy of an
<br />"Additional Insured Endorsement" form to the
<br />certificates of insurance noted above, (iii)
<br />maintain such insurance from the time the
<br />Project first commences until completion of the
<br />Project under this Lease; and (iv) replace such
<br />certificates for polices expiring prior to the
<br />termination of this Lease.
<br />8. Release Waivers. Tenant waives all claims
<br />against Landlord, its officers, agents, employees,
<br />and volunteers for any injury or death to any
<br />person, damage to property, or loss of use of any
<br />property or loss to Tenant's business caused by
<br />or from Tenant's use, maintenance or occupancy
<br />of the Premises, or by or from any rights
<br />conferred under this Lease to Tenant, excepting
<br />the willful misconduct or sole negligence of
<br />Landlord, its officers, agents, employees and
<br />volunteers. All policies of insurance obtained by
<br />either party pursuant to Paragraph 7 of this Lease
<br />shall waive the insured's rights of subrogation
<br />against the other party.
<br />9. Utilities. Tenant shall be responsible
<br />directly to the serving entities for all utilities
<br />required by Tenant for its use of the Premises.
<br />Tenant will install an electric meter and the cost
<br />of electricity used by Tenant shall be paid by
<br />Tenant directly to Southern California Edison.
<br />10. Indemnities. Tenant agrees to indemnify,
<br />defend (with counsel satisfactory to Landlord)
<br />and hold harmless Landlord, its officers, agents,
<br />employees and volunteers from and against any
<br />and all claims (including any radio frequency
<br />and electromagnetic fields radiation related
<br />claims), losses, liabilities, costs, expenses, loss
<br />or damage to property and for injuries to or death
<br />of any person when arising our of or, in any way,
<br />resulting from: (i) the use of the Premises and
<br />License by Tenant or its agents; (ii) any breach
<br />or default in the performance of any obligation
<br />on Tenant's part to be performed under the terms
<br />of the Lease; or (iii) any occurrence in, upon, or
<br />at the Premises and License or on account of the
<br />use, condition or occupancy of the Premises and
<br />License, excepting willful misconduct or sole
<br />negligence of Landlord, its officers, agents,
<br />employees and volunteers. The obligations of
<br />Section 10 of this Lease shall survive the
<br />termination of this Lease with respect to any
<br />AT&T C-840 (Downtown Santa Ana)
<br />damage, injury or death occurring prior to
<br />termination or expiration of this Agreement.
<br />11. Tenant Defaults. The occurrence of any
<br />one or more of the following events shall
<br />constitute an "Event of Default" by Tenant:
<br />(a) The failure by Tenant to make any
<br />payments of rent or any other
<br />payment required to be made by
<br />Tenant, as and when due, where
<br />such failure shall continue for a
<br />period of 10 days after written
<br />notice is received by Tenant from
<br />Landlord.
<br />(b) The failure by Tenant to observe or
<br />perform any of the covenants or
<br />provisions of this Lease to be
<br />observed or performed by Tenant,
<br />other than as specified in Paragraph
<br />11(a), where such failure shall
<br />continue for a period of 30 days
<br />after written notice is received by
<br />Tenant from Landlord, provided,
<br />however, that it shall not be
<br />deemed an Event of Default by
<br />Tenant if Tenant shall commence
<br />to cure such failure within said 30
<br />day period and thereafter diligently
<br />prosecutes such cure to completion.
<br />12. Notices. All notices must be in writing and,
<br />unless otherwise provided, shall be deemed
<br />validly given if sent by certified mail, return
<br />receipt requested to the address indicated below
<br />the parties signatures (or in any other mailing
<br />address which the party to be notified may
<br />designate to the other party by such notice). If
<br />sent by mail, any notice, tender, demand,
<br />delivery, or other communication shall be
<br />effective or deemed to have been given three (3)
<br />days after it has been deposited in the United
<br />States mail, duly registered or certified, with
<br />postage prepaid, and addressed as set forth
<br />above. If sent by telefacsimile, any notice,
<br />tender, demand, delivery, or other
<br />communication shall be effective or deemed to
<br />have been given twenty-four (24) hours after the
<br />time set forth on the transmission report issued
<br />by the transmitting facsimile machine, addressed
<br />as set forth above. For the purposes of
<br />calculating these time frames, weekends, federal,
<br />state, county, or city holidays shall be excluded.
<br />13. Hazardous Substances. Landlord warrants
<br />and agrees that neither Landlord nor, to
<br />Landlord's knowledge, any third party has used,
<br />Final - Stadium Lease Agreement
<br />Page 3 of 8
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