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21, PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement
<br />with the Orange County Transportation Authority for the construction of the OC Streetcar at
<br />SARTC, which is under construction. Such construction may affect the number of parking spaces
<br />available at any one time, though it is not possible to determine the precise effect at the time of
<br />this Lease, Surface Parking Lots I and 2 allow up to 72-hour parking. Landlord will provide
<br />parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking
<br />structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must
<br />use the surface lots at SARTC.
<br />22. TENANT'S DEFAULT:
<br />a. If Tenant shall default in payment of Rent, when due, Landlord shall forward
<br />written notice, pursuant to Section 24, of such default to Tenant, and the failure of
<br />Tenant to cure such default within three (3) days after the date of receipt of such
<br />notice shall, at the sole option of Landlord, cause the termination of this Lease.
<br />b. If Tenant shall default in the performance of any other terms or provisions of this
<br />Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 24,
<br />of such default, and if Tenant shall fail to cure such default within thirty (30) days
<br />after receipt of such notice, Landlord at its sole option, shall cause the termination
<br />of this Lease immediately.
<br />23. HAZARDOUS SUBSTANCES:
<br />a. As used herein, the term "Hazardous Substances" shall mean, without limitation,
<br />any substance that is biologically or chemically active or any hazardous, toxic, or
<br />dangerous waste, substance (including, but not limited to, lead -based paint,
<br />asbestos or petroleum derivative substances), or material defined as such in (or for
<br />purposes of) (i) any state, federal or local environmental laws, interpretive letters,
<br />regulations, decrees or ordinances, (ii) the Comprehensive Environmental
<br />Response, Compensation and Liability Act, as amended, (iii) the Resource
<br />Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super
<br />Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law,
<br />ordinance, code, rule, interpretive letter, regulation, order or decree regulating,
<br />relating to or imposing liability or standards of conduct concerning any such
<br />substances or materials or any amendments or successor statutes with respect to
<br />any of the foregoing.
<br />b. During the Term of this Lease, Tenant represents and warrants that no Hazardous
<br />Substances will be stored on the Premises and no Hazardous Substances will be
<br />discharged on the Premises by Tenant. Tenant agrees that such representations and
<br />warranties shall survive any termination of this Lease, and Tenant agrees to
<br />indemnify and hold harmless Landlord from any and all costs, expenses, claims and
<br />damages, including, but not limited to, attorneys' fees and costs of remediation,
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