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7129i02La to evaluate LESSOR's proposed relocation sits, 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 th6reater propose another relocation site by Notice to Tenant 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 a period of not less than twelve (12) months alter execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate its Communications Facility to the Relocation Site, Upon relocation of LESSER's Communications Facility, 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 as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of the LESSEE's Facility, or any part thereof, under Paragraph 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 may pay LESSEE the depreciated value for its Communications Facility and equipment should the Promises be needed for a governmental purpose. . 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 fifteen (15) days in which to cure any monetary default and thirty (30) 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) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences tho cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless and unfit the defaulting party has failed to care the same within the time periods provided in this Paragraph, If either party commences an action against the other party arising out of or in connection with- this Lease, 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, LESSER 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. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any hazardous materials bmught onto the Premiscs/Property by it in accordance with all federal, state and local laws and regulations. b. LESSOR will be responsible for all obligations of compliance with any and all onAromneatal and Industrial hygiene laws, including any regulations, goldolinc,% standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any Ume hereafter be in effect, that are or were In any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of the LESSEE.