<br />in the futute determined by any governmental entity to be prohibited, limited or regulated by any Environmental
<br />Law.
<br />
<br />d. "Environmental Law" means any and all federal, state or local laws, rules, regulations, codes,
<br />ordinances, or bywlaws, and any judicial or administrative interpretations thereof, including orders, decrees,
<br />judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i)
<br />human health; or (ii) environmental pollution, impairment or disruption, including, without limitation, laws
<br />governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation,
<br />manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise
<br />regulating or providing for the protection of the environment
<br />
<br />31. CASUALTY. In the event of damage by fIre or other casualty to the Premises that cannot
<br />reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
<br />other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for
<br />more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has
<br />not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease
<br />upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with
<br />the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of
<br />this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments
<br />due to the other under this Lease.
<br />
<br />32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may
<br />terminate this Lease upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
<br />any condenmation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs
<br />and its damages and losses (but not for the loss of its leasehold interest). Any such notice oftermination shall cause this
<br />Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as
<br />the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with
<br />respect to payments due to the other under this Lease.
<br />
<br />33. SUBMISSION OF LEASE. The submission of this Lease for examination does not constitute an
<br />offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties. If
<br />any provision herein is invalid, it shall be considered deleted ITom this Lease and shall not invalidate the remaining
<br />provisions of this Lease.
<br />
<br />34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described above in Section
<br />lOin accordance with applicable laws, rules and regnlations. LESSOR agrees to keep the Property in conformance
<br />with all applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regarding any
<br />compliance required by the LESSEE in respect to its use of the Premises.
<br />
<br />35. SURVIVAL. The provisions of the Agreement relating to indemnification ITom one Party to the
<br />other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this
<br />Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive
<br />such tennination or expiration.
<br />
<br />36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are
<br />not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the
<br />Agreement.
<br />
<br />37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. LESSEE agrees to abide by all rules
<br />and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit "D", attached hereto, as the
<br />same may be changed ITom time to time upon reasonable notice to LESSEE. These rules and regulations are specific to
<br />the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and
<br />Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. Said rules and
<br />regulations and any modification or amendment thereto shall be applied in a nondiscriminatory fashion and shall not
<br />
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<br />CA7007D Lease 8-11-04 tgrg
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