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generated, stored Or disposed of, or permitted the
<br />Use, generation, storage Or disposal of, any
<br />ftzardous Material (as definud below) on,
<br />under, about or within Landlord's Property in
<br />violation Of any low or- regulation. Landlord and
<br />Tenant each agree that they wall not use,
<br />generate, store or dispose of any Ilazardous
<br />Material on, under, about or within Landlord's
<br />Property in violation of any law or regulation
<br />Landlord and Tenant "01 agree to defend and
<br />indeninify the other and the Other's Partners,
<br />affiliates, agents and employees against any and
<br />all losses, liabilities, claims and!or costs
<br />(including reasonable attorneys' fees and costs)
<br />ansing, from any breach of any warranty or
<br />agreement contained in this Paragraph.
<br />"1La7ardous Material" shall rucan any substance,
<br />chemical or waste identified as hazardous, toxic
<br />or dangerous in any applicable federal, state or
<br />local law or -regulation (including petrolturn and
<br />asbestos).
<br />14, Landlord
<br />warrants and agrees that Tenant, upon paying The
<br />rent and performing the, covenants ofthis Lease,
<br />shall enjoy the rights set forth in this Lease.
<br />Landlord shall not cause or Permit any nee of the
<br />Landlord's Property, which interferes with or
<br />impairs the quality ofthe communications
<br />services being tendered by Tenant front the
<br />Premises, provided, however, that landlord shall
<br />have the unilateral right and privilege W (a)
<br />undertake all normal items and operations
<br />associated with the current use OfThe Property,
<br />Such as, public events which may include high
<br />powered electric lights said food service, (b)
<br />arrange for the televising Of any public C-11 to
<br />be held at the PTOPvAY, and (c) ability to contract
<br />with other interested parties.
<br />15. hii—SCRIA—ASPA.
<br />(a) This Lease, including attached exhibits,
<br />incorporates all agreements and
<br />understandings between landlord and
<br />Tenant, and no verbal agreements or
<br />understandings shall be binding upon
<br />either Landlord or Tenant, and any
<br />addition, variation or modification to
<br />this Lease shall be ineffective Units$
<br />made in writing and signed by both
<br />parties. No amenduient berota "I be
<br />effective unless set forth in writing and
<br />executed by Landlord amil Tenant.
<br />Additionally, any arnondmonts to this
<br />Lease must be submitted to the
<br />Planning Division of the City of Santa
<br />AT&T �C-840 (Downtovm Santa Ana)
<br />Ana for review. All exhibits referenced
<br />herein and attached to this Lease shall
<br />be incorporated by reforcaeC as if fully
<br />set forth in the Lease.
<br />(b) Landlord warrants and agrees that
<br />Landlord's Property (including,
<br />without limitation, the Premises), and
<br />all iianprovements; comply and during
<br />the term or ibis Lease shall continue to
<br />comply with all building, health and
<br />safety, disability and other laws, code.,
<br />and regulations of any govormnlerltOl Or
<br />quasi-govern-ental, entity. All such
<br />compliance shall be accomplished at
<br />Landlord's cost and expense.
<br />(c) The language of each part Of this Lease
<br />shall be construed simply and
<br />according to its fair meaning, and this
<br />Lease shall never be construed either
<br />fervor against either party, This Lease
<br />shall be govcmcd by and construed is
<br />accordance with the laws Of the State of
<br />California.
<br />(d) if either party institutes any action Or
<br />proceeding in court to enforce any
<br />provision of this Lease, or any action
<br />for damages for any alleged breach of
<br />any provision Of this Lease, then the
<br />prevailing, party in the action or
<br />PrMtedirigsball be entitled to receive
<br />from the losing party such amount as
<br />the court may adjudge to be reasonable
<br />attomeYS' fees for (lie services rendered
<br />to the prevailing party, together With its
<br />other reasonable litigation expenses.
<br />,(e) Each party to this Lease represents and
<br />warrants that it has full authority to
<br />execute this (,,ease and to bind its
<br />respective parties to the LOW.
<br />(f) Preparation of this Lease by Tenant or
<br />Tcmauvs agent and submission of this
<br />Lease to Landlord shall not be deemed
<br />an offer to I andlord to lease, This
<br />Lease shall become binding upon
<br />Landlord and Tenant only when fully
<br />executed by both parties.
<br />16. ;main !§-AMW-t(!—pre- —,s0Yn=M-
<br />(a) Limitations - Tenant agrees that its
<br />access to the Prermses as described in
<br />Paragraph I heroin above, shall be
<br />limited when the Premises is being
<br />used for a public event, and the four (4)
<br />hours before and after any such event.
<br />Tenant will obey all proccidures set by
<br />Landlord regarding notification before
<br />Final - Stadium Lease Agreement
<br />Page 4 of 8
<br />Page 25 of 67
<br />City Council 12-243 3/18/2025
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