AT&T WIRELESS-2001 - Laserfiche WebLink

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• visiting the Premises, checking in on- terminate. Tenant shall site, parking, gates, etc. immediately surrender the Premises (b) Construction Phase Penalty - Each and to Landlord in good order and every violation of or failure to abide repair to the satisfaction of the with Landlord's access procedures, or if Landlord, and Landlord shall have programs on the Premises/Property are the right to recover from Tenant, adversely affected or impacted by (i) the worth at the time of the Tenant's actions on the award of the unpaid rent and all Premises/Property, solely during the additional rent and other amounts period of construction of the and charges payable by Tenant that Communications Facility (from start-up had been earned at the time of to completion), shall be subject to a termination of this Lease, (ii) the penalty of $10,000.00 to be paid by worth at the time of the award of Tenant to Landlord upon notification of the amount by which the unpaid such adverse impact, as determined by rent and all additional rent and the Executive Director of the Parks, other charges payable by Tenant Recreation and Community Services hereunder which would have been Agency. Examples of "Adverse earned after termination of this impacts" include, but are not limited to: Lease until the time of the award blockage of Stadium/Property access exceeds the amount of such loss for parking, or entrance for scheduled that Tenant proves could have been events; failure to clean-up or depart the reasonably avoided, (iii) the worth Premises/Property in a timely manner; at the time of the award of the failure to remove equipment/vehicles amount by which charges payable from the Premises/Property and, by Tenant hereunder which would blockage or hampering of access into have been paid for the balance of the "VIP" parking lot. the term of this Lease after the time (c) Bonus - Due to the busy schedule of of award exceeds the amount of events for the Stadium Property, and such loss that Tenant proves could Tenant's corporate goals and build- have reasonably been avoided; and out/installation plan, Tenant agrees to (iv) any other amount necessary to pay Landlord a one-time bonus of compensate Landlord for all $10,000.00 if Landlord allows Tenant detriment proximately caused by to enter the Premises/Property to begin Tenant's default. The "worth at the construction of its Communications time of the award" as used in Facility within 3-5 days after final clauses (i) and (ii) of this required approval is granted by the City subparagraph (a) is to be computed Council. by allowing interest on unpaid amounts at the maximum legal rate. 17. Notification Requirement. Except in cases The "worth at the time of the of emergency, Tenant agrees to provide 24 hour award" as used in clause (iii) of this notice to the Executive Director of the Parks, subparagraph (a) is to be computed Recreation and Community Services Agency of at the discount rate of the Federal the City of Santa Ana before any installation, Reserve Bank of San Francisco at maintenance, replacement or repair is to take the time of the award plus one place pursuant to Paragraph 1 herein above. percent (1 %). (b) Landlord may, pursuant to 18. Remedies. If an Event of Default occurs by California Civil Code Section Tenant, Landlord shall have, in addition to any 1951.4 maintain Tenant's right to other remedies available at law or in equity, any possession in which case this Lease one or more of the following remedies at shall continue in effect whether or Landlord's election: not Tenant shall have abandoned (a) By written notice to Tenant, and vacated the Premises. In such Landlord may terminate this Lease event, Landlord shall be entitled to and declare this Lease ended, in enforce all of Landlord's rights and which event this Lease shall remedies hereunder, including the AT&T C-840 (Downtown Santa Ana) Final - Stadium Lease Agreement Page 5 of 8