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and provide that such insurance shall not be
<br />materially changed or terminated except on 30
<br />days prior written notice io the landlord, (h)
<br />attach a completed and signed copy of an
<br />"Additional Insured Endorsement" form to the
<br />ccriifrcates 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 />eartificates for polices expiring prior to the
<br />tertuiaation of this Lcaso.
<br />S. Release WoiVers. Tenant waives Pit claims
<br />against Landlord, its officers, agents, employees,
<br />and volunteers for any igiury or death to any
<br />person, damage to property, or Iona ofuse 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 Tcoanl, excepting
<br />the willful misconduct or sole negligence of
<br />Landlord, its ofiecra, agents, employees and
<br />volunteers. All policies of insurance obtainer) by
<br />either party pursuant to Paragraph 7 of this Lease
<br />shall waive the imumd's rights of abrogation
<br />against the other party.
<br />9. Util_liett. Tenant shallboresponsiblc
<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 />lo. Ind erm 'lies. Tenant agrees to irdentnif
<br />defend (with counsel satisfactory to Landlord)
<br />and hold harndess Landlord, its officers, agents,
<br />employees and volunteers from and against any
<br />and all claims (including my radio frequency
<br />and slacbonugnetie fields radiation related
<br />claims), losses, liabilifio% costs, expenses, loss
<br />or damage to property and for injuries to Or death
<br />Of my person when raising our of or, in any way,
<br />resulting from: (i) the no of the Premises and
<br />License by Teraina or its agents; (li) any breach
<br />or default in the pert it ialm of any obligation
<br />on Tenant's part to be performed under the terms
<br />of the Lease; or (iii) my occisuonce in, upon, or
<br />at the premises and License m on account of the
<br />use, condition or occupancy of the Praises and
<br />License, excepting willful misconduct or sole
<br />negligence of Landlord, is 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 my
<br />AT&T G840 (Downtown Santa Ana)
<br />damage, injury or death occurring prior to
<br />termination or expiration of this Agreement,
<br />11. Iggilft-Dshildl. The occurrence of any
<br />one or more of the following events shall
<br />constitute an "Event of Dofaulf' by Tenant:
<br />(a) The failure by Tenant to make any
<br />payments of rout 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 bo
<br />observed or performed by Tenant,
<br />other than as specified m Paragraph
<br />11(g when such failure shall
<br />continue for a period of 30 days
<br />spier written notice is received by
<br />Tenant from Landlord, provided,
<br />however, that it shalt not be
<br />deemed an Event of Default by
<br />Tenant if Tenant &ball commence
<br />to cure such failure within said 30
<br />day period and thereafter diligently
<br />prosecutes such care to completion.
<br />12, Notices. All undoes must be in writing and,
<br />unless otherwise provided, shall be deemed
<br />validly given if sent by certified mail, Tatum
<br />receiptrequested to the address indicated below
<br />the parties signatures (or in my other mntGng
<br />address which the patty to be notified may
<br />designate to the other party by such notice). If
<br />sentby raft, 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 bean deposited in the United
<br />Stales mail, duly registered of certified, with
<br />postage prepaid, and addressed as set forth
<br />above. ifsemby teleficsiarile, any notice,
<br />tender, denuml, delivery, of other
<br />am mmication shall be effective m deemed to
<br />have been given twenty -fan (24) hours alter the
<br />time at forth on the transmission report issued
<br />by the transmitting facsimile machine, addressed
<br />as set forth above. For do purposes of
<br />calculating these time frames, weekends, foderal,
<br />state, county, or city holidays shall be excluded.
<br />13. litiza.Mus'Sobatances, Landlordwsaenta
<br />and agrees that neither Landlord nor, to
<br />Landlord's knowledge, my third party has used,
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<br />Final - Stadium Lease Agreement
<br />Page 24 of 67
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