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and provide that such insurance shall not be
<br />materially changed or terminated except on'10
<br />days prior written notice to the Landlord, (ii)
<br />attach completed and signed copy of an
<br />"Additional Insured Endomemenc, form to the
<br />certificates of insurance'noted above, (iii)
<br />maintain such insurntice from the tit"Je the
<br />Project filst commenuea instil eampLekon of the
<br />Project under this Lease; and (iv) replace such
<br />certificates fbf polices expiring prior to the
<br />termination of this Lease,
<br />m Waivers. Tenant waive-11 claims
<br />against Landlord, its officeri, agents, employees,
<br />and volunteers for any injury or death to any
<br />person, damage to property, or loss of use of any
<br />property or loss toTenant's business caused by
<br />or from Tenant's use, maintenance or occupancy
<br />of the Premises, or by or Fromm any rights
<br />conferred under this [,,ease to Tenant; excepting
<br />the willful misconduct or sole negligence of
<br />Landlord, its officers, agents, employees and
<br />volunteers. All policies of insurance obtained by
<br />either party pursuant to Paragraph 7 of this Lease
<br />shall waive the insured's rights of subrogation
<br />against the other party.
<br />J. Utilities. Tenant shall be responsible
<br />directly to the serving entities far all. utilities
<br />required by Tenant for its use of the Prcnli$es.
<br />Tenant will install an electric meter and the cost
<br />of electricity used by'Tenant shal I be paid by
<br />Tenant directly to'Southern California Edison.
<br />1'0. IndeMnities. Tenant agrees to indemnify,
<br />defend (with counsel satisfactory to Landlord)
<br />and hold hartriless Landlord, its officers, agents,
<br />employees and volunteers' from and against any
<br />and all claims (including any radio frequency
<br />and electromagnetic fields radiation related
<br />claims), losses, liabilities, costs, expenses, loss
<br />or darnage to property and for injuries to or death
<br />of any person when arising our of or, in any way,
<br />resulting from: (i) the use of the Pruiniscs and
<br />License by Texiturt at its agents; (ii) any breach
<br />or default in the performance of any obligation
<br />on "renants part to be performed under the terms
<br />of the Lease; or (iii) any occurrence in, upon, or
<br />at the premises and License or on account of the
<br />use, condition or occupancy of the Premises and
<br />License, excepting willful misconduct or Sole
<br />negligence of Landlord, its officers, agents,
<br />employees and volunteers. The obligations of
<br />Section 10 of this Lease shall survive the
<br />tenni nation of this Lease with respect to any
<br />AT&T C-M (Downtown Santa Ana)
<br />damage, injury or death oCeorring prior to
<br />teraiingtion or expiration of this Agreement,
<br />I I 1glagLpqfUlts. The occurrence of any
<br />one or more of the following events shall
<br />constitute an "Event of Default" by Tetlant.
<br />(a) The failure by Terrant to Ina ke any
<br />payments of rent or any other
<br />payment required to be made by
<br />Tenant, as and when due, where
<br />such failure shall continue for a
<br />period of 10 days after written
<br />notice is received by Tenant from
<br />Landlord.
<br />(b) The failure by Tenant to observe or
<br />perform any of the covenants Or
<br />provisions of this, Lease to be
<br />observed or performed by Tenant,
<br />other than as specified in Paragraph
<br />11(a), where such failure shall
<br />continue for a period of 30 days
<br />after written notice is received by
<br />Tenant from Landlord, provided,
<br />however, that it shall not be
<br />deemed an Event of Default by
<br />Tenant if Tenant shall coramcnce
<br />to cure such failure within said 30
<br />day period and thereafter diligently
<br />prosecutes such cure to completion.
<br />12, NotMs. All notices raustbe in writing and,
<br />unless otherwise provided, shall be deemed
<br />validly given if sent by certified mail, 'return
<br />receipt requested to the address indicated below
<br />the parties signatures (or in any other mailing
<br />address which the party to be notified may
<br />designate to the other party by such notice). If
<br />sent by mail, any notice, tender, demand,
<br />delivery, or other communication shall be
<br />effective or dectried to have been given three (3)
<br />days after it has been deposited in ft United
<br />states mail, duly registered or certified, with
<br />postage prepaid, and addressed as net forth
<br />above, If sent by telefacsimile, any notice,
<br />tender, demand, delivery, or other
<br />communication shall be effective or deemed to
<br />have been given twenty-four (24) hours after the
<br />time set forth on the transmission report issued
<br />by the transmitting facsimile machine, addressed
<br />as set forth above. For the Purposes Of
<br />calculating these time frames, weekends, federal,
<br />state,, county, or city holidays shall be excluded.
<br />B. Hazardous Str
<br />laskances..Landlord Warrants
<br />and agrees that neither Landlord not, to
<br />Landlord's knowledge, any third party has used,
<br />Page 3 of 8
<br />Final . Staditun Lease A grectriont
<br />Page 24 of 67
<br />City Council 12-242 3/18/2025
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