20A - AA - LEASE AGMT AT JEROME PARK

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alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have disapproved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site; provided that any governmental approvals, permits or licenses required for such relocation have been obtained by LESSEE. LESSEE's service will not be interrupted in connection with any such relocation, and LESSEE shall be allowed if necessary to place a temporary cell site and antenna structure on the Property during relocation. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except Z.s expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A, above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. C. Should the parties fail to agree on a suitable Relocation Site, LESSOR shall pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten- year lease period. 29. DEFAULT. In the event there is a default by either Party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non- defaulting Party shall give the defaulting Party written notice of such default. After receipt of such written notice, the defaulting Party shall have thirty (30) days in which to cure any monetary default and forty-five (45) days in which to cure any non-monetary default, provided the defaulting Party shall have such extended period as may be required beyond the thirty (30) day or forty-five (45) day period, as applicable, if the nature of the cure is such that it reasonably requires more than thirty (30) days or forty-five (45) days, as applicable, and the defaulting Party commences the cure within the thirty (30) day or forty-five (45) day period, as applicable, and thereafter continuously and diligently pursues the cure to completion. The non-defaulting Party may not maintain any action or affect any remedies for default against the defaulting Party unless and until the defaulting Party has failed to cure the same within the time periods provided in this Section. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to have and recover from the losing Party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations, including fuel for an emergency generator. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic #41182112 11 Jerome Park 20A-13