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27. ' SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives,
<br />successors,, administrators and assigns of the Parties harelo.
<br />28. RELOCATION RIGHT
<br />A, Anytime after the expiration of the original term, LESSOR shall have the one-time right,
<br />upon redevelopment of the Property, to relocate LESSEE's Facilities to alternate space within the Property, if
<br />availablc provided however, that such relocation shall (1) be at LESSOR's sole cost and expense, (2) be performed
<br />by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on
<br />the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on
<br />and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of
<br />LESSEE's Facilities, the access and utility rights of way will be relocated :as required, in the sole discretion of
<br />LESSEE, to operate and maintain LESSEE's Facilities.
<br />& LESSOR shall exercise its relocation right under .subsection A above by (and only by)
<br />delivering written notice (the "Notice'") to LESSEE. In the Notice, LESSOR shall propose an alternate '.site within or
<br />on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the
<br />date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have
<br />the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails
<br />to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have
<br />disapproved such proposed relocation site. If LESSEE disapproves such relocation :site, then LESSOR may
<br />thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site
<br />which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall
<br />have a period of not less than twelve (12) months after execution of a written agreement between the parties
<br />concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation
<br />Site.
<br />Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises
<br />herein shall be deemed to be references to the Relocation Site, LESSOR and LESSEE agree that the Relocation Site
<br />(including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE,
<br />and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises.
<br />Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's
<br />Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the term
<br />and conditions of this Agreement,
<br />C. Should the parties fail to agree onasuitable Relocation Site, LESSOR may pay LESSEE
<br />the depreciated value for LESSEE's Facilities and equipment should the Premises; be needed for a governmental
<br />purpose.
<br />29. DEFATJL . In the event there is a default by either party with respect to 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 fiftean (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 thi V (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 />310. FNVIR6NMENTAL.
<br />A. LESSEE shall not bring any Hazardous Materrials onto the Prermscs/Property, except for
<br />those contained in its back-up power batteries and corturron 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 petrolcum, and asbestos. LESSEE will treat .and
<br />dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with MI federal, state
<br />and local laws and regulations,
<br />Sftc#LA030'10A
<br />Site Na= 7W 10 Jerorw Park
<br />Market: COifornia
<br />Page 57 of 103
<br />City Council 12-172 3/18/2025
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