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<br /> C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE
<br /> the depreciated value for LESSEE's Facilities and equipment, based on a ten-year lease period.
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<br /> 29• DEFAULT. In the event there is a default by either party with respect to any of the provisions of this
<br /> Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting
<br /> party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15)
<br /> days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided
<br /> the defaulting party shall 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-defaulting
<br /> party may not maintain any action or affect any remedies for default against the defaulting party unless and until the
<br /> defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences
<br /> an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be
<br /> entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.
<br /> 30. ENVIRONMENTAL.
<br /> A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for
<br /> those contained in its back-up power batteries and common materials used in telecommunications operations.
<br /> "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in
<br /> any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and
<br /> dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state
<br /> and local laws and regulations.
<br /> B. LESSOR will be responsible for all obligations of compliance with any and all
<br /> environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any
<br /> governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any
<br /> environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are
<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 concerns are caused by the activities of LESSEE.
<br /> C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all
<br /> duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability
<br /> (including but 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 any way related to: (i) failure to comply with any environmental or industrial hygiene law, including
<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 to any environmental or industrial hygiene
<br /> concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from
<br /> conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any
<br /> way related to the condition of the Property or activities conducted thereon, unless such environmental conditions
<br /> are caused by LESSEE.
<br /> 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot
<br /> reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
<br /> other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for
<br /> more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR
<br /> has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate
<br /> this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this
<br /> Agreement to expire with the same force and effect as though the date set forth in such notice were the date
<br /> originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of
<br /> such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to
<br /> terminate this Agreement, Rent shall be abated proportionally to the reduction of use.
<br /> 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate
<br /> this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
<br /> any condemnation proceeding involving the Premises for 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 not
<br /> Site LA33836B 8
<br /> Site Name: Delhi Park
<br /> Datc: 06/18/2010
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