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then any portions of any Annual ]Lent payments
<br />covering any postdenuination lintetrame(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. U emisa . 'tenant may use the
<br />Prondses for its intended purpose, which Is to
<br />construct, maintain, secure and operate a
<br />wireless slecommunicadons can facility
<br />("Communications Facility'? an equipment
<br />enclosure, required tantrumsand antenna support
<br />structures (1, such Communications Facility may
<br />be modified, added to or substituted from time 10
<br />it=). The Communications Facility, including
<br />all antennas and antenna support structures, may
<br />be conftgumd as required by Tenant from time to
<br />time, provided that Tensm obtains all permits
<br />,ad 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 />axpense. In exercising the rights conferred by
<br />the Lease, Tenant shall maintain the Premises in
<br />a neat, cicam, sanitary and safe condition, meat
<br />use reasonable one and may not unreasonably
<br />increase the burden on the Propxrty. 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 reas.nablo 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 fur the Project and Tenant
<br />,ball comply with all conditions and
<br />requirements from the Deve7apmem Review
<br />Cownitteo of the City of Santa Ana for this
<br />Development Project (DP No.�I In
<br />the event that maintenance is required, such as,
<br />but not limited to the replacement of missing
<br />branches or tie repainting of the facility, such
<br />maintenance must be completed within 14
<br />worldng days. Lamllord shall not be held
<br />roaponsible for loss of or damage to Tenant's
<br />Improvements on the Proporty. Tenant's ability
<br />to on the Premises is d"miam upon Tenant'a
<br />obtaining all of the certificates, permits, and
<br />other approvals which may be required from MY
<br />federal, sate 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 />...Perot, with Tons* proposed uses. Tenant
<br />AT&T C-840 (Downtown Sans Ara)
<br />may not use the Premises or Properly 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. Temdnaton. 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, dare 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 Promises for Tenant's
<br />intended purposes, thou Tenant shall have the
<br />right to iromcdialaly 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 hen
<br />beep removed end the Property and Premises
<br />have been restored to its original condition,
<br />excepting annual wear and test, provided
<br />however, Tenant shall have only 60 days from
<br />the date of writtenuotitication of its decision to
<br />exercise its termination rights, to removal all
<br />snob Improvements and restore fine Property and
<br />premises to its original condition. Termination
<br />shall relieve both parties of spy thither
<br />obligations under We Lease, although each shall
<br />coutnue to have its remedies for any breach of a
<br />lease obligation, which occurred prior to the date
<br />of termination. The parties area that Paragraphs
<br />7, 8, 9 met 10 shall continuo to apply until
<br />Tenant has complotod its removal of personal
<br />property and txtares and reatotatioa of the
<br />Premises. No refund for cost of Improvcntents
<br />will be due to Tenant by Landlord at any time.
<br />7. Insurance. Tenant shall provide landlord
<br />satisthctory evidence of personal property
<br />himm nco in an amount sufficient to fully protest
<br />all personal property owned ar 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 iusareuce
<br />with a combined single limit of act less than
<br />$1,000,00operaccumisace. 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 />scpamtion of insureds provisions. Tenant shall
<br />(7 trnish properly executed certificates of
<br />insurance to the Landlord prior to exercising its
<br />rights order Slits Lease, which certificates shall
<br />clearly evidence all coverages required above
<br />Page 2 of 8
<br />Final • Stadium Louse Agreement
<br />Page 23 of 67
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