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C. Should the panics fail to agree on a suitable Relocation Site, LESSOR may pay LISSSEE
<br /> the depreciated value for LESSBE's Facilities and equipment, based on a ten-year lease period.
<br /> 29. DEFAULT. In the event there is a default by either pony with respect to any of the provisions u(this
<br /> Agreement or its obligations under it, including the payment of rent, the not-0efaulting party shall give the defaulting
<br /> parry written notice of wch default. After receipt of such written notice, the defaulting pony shall have fiftren (IS)
<br /> days N which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided
<br /> the defaulting patty shell have such extended period as may be required beyond the thirty (30) days if the nature of the
<br /> cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within
<br /> the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-detaulting
<br /> party may not maintain any action or atlccl any comedies for default against [hc defauldng party unless and omit die
<br /> defauhing party has (ailed m cure the same within the lime periods provided in this Section. II'either parry commences
<br /> an action against the other piny arising out of or in connection with this Agreement, the prevailing parry shall be
<br /> entitlal to have and recover fmm the losing piny reasonable attorney's fees and costs of suit.
<br /> 30. ENVIRONMENTAL.
<br /> A. LFSSP,E shall not bring any HazarJous Materials unto the PremiseslProperty, ezcepl for
<br /> those contained in its back-up power batteries and common materials used in telecommunications operations.
<br />
<br /> "Hazardous Materials" shall mean any substance, chemical or waste identified es hazardous, toxic or dangerous in
<br />
<br /> any applicable federal, stair or Icenl law or regulation, including petroleum and asbestos. LESSEE will [rent m3J
<br />
<br /> dispose of any Hazardous Materials brought onto the Premises/Proprrty by it in accordance with all federal, note
<br />
<br /> and local laws and regulations.
<br /> B. LESSOR will br responsible for all obligations of compliance with any and all
<br />
<br /> environmenuil and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any
<br />
<br /> governmental authorities regulating or imposing standards of liability or standards of conduct with regard m any
<br />
<br /> environmental or industrial hygiene conditions or concerns as may now or at any time hhreafer be in etTect, that are
<br />
<br /> or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such
<br /> conditions or concems are caused by the activities of LESSEE.
<br /> C. LESSOR shall hold LESSEE harmless and indemnify LESSEE liom and assume all
<br />
<br /> duties, responsibility and liability m LESSOR's sole cost end expense, 1'or all duties, responsibilities, and liability
<br />
<br /> (including bw not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for
<br /> responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding
<br /> which is in atty way related to: (i) failure to comply with any environmental or industrial hygiene law, including
<br />
<br /> without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or
<br /> imposing standards of liability or standards of conduct with regard m any environmental or industrial hygiene
<br />
<br /> concems or conditions as may now or at any time hereafter be in effect, unless such compliance results from
<br />
<br /> conditions caused by LESSEE; nnJ (ii) any environmental or indusuial hygiene conditions arising out of or in ;my
<br />
<br /> way related to the conditiml of the Property or activities conducted thereon, unless such environmental conditiots
<br />
<br /> are roused by LESSEE.
<br /> 31, CASUALTY. In the even nl' damage by fire ar other casualty to the Premises that cannot
<br /> reasonably be expected Io be repaired within sixty (60) days following same or, if the Property is damaged by fire or
<br />
<br /> other casualty so tlmt such damage may reasonably be expected to disrupt LESSEE'S operations at the Premises tiu
<br />
<br /> more than sixty (GO) days, then LIiSSEF, may nt any time following such fire or other casualty, provided LESSOR
<br />
<br /> has not commenced the restoration required [o permit LESSEE to resume its operation at [he Premises, temtinatc
<br /> this Agreement upon twenty (?U) days wriual notice to LESSOR. Any such notice of termination shall cause this
<br /> Agrecrnem to expire with dtc same Ibrce and effect as though the date set (onh in such notice were the date
<br /> originally set as the expiration date of this Agrecmcnt and the parties shall make era appropriate adjustmem, as of
<br />
<br /> such termination Jate, with resprd to payments due to the other under this Agreement. I(LESSEE decides not ro
<br /> temtinatr this Agreement, Rem shall he abated proportionally to the reduction of use.
<br /> J2. CONDEMNATION. In the avant o(any condemnation of the Premises, LESSEE' may terminals
<br /> this Agrecmcnt upon Gfleen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
<br /> any condemnation proceeding involving the Premises (or losses related to the antennas, equipment, its relocation
<br /> costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but nut
<br /> Site p: LAJ3833A g
<br /> Site Neme: r\Oxms York
<br /> Dale_ 0a/?712010
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