<br />Upon relocation of LESSEE's Communications Facility to the Relocation Site, all references to the
<br />Premises herein shall be deemed to be references to the Reloca,ion Site. LESSOR and LESSEE
<br />agree that the Relocation Site (including the access and u'ility right of way) may be surveyed by a
<br />licensed surveyor a' the sole cost of LESSEE, and such survey will then replace Exhibit "B" and
<br />become a part hereof and will control or describe the Premises. Except as expressly provided,
<br />LESSOR and LESSEE hereby agree that in no event will ,he relocation of the LESSEE's Facility. or
<br />any part thereof, under Paragraph A above, affect, alter, modify or otherwise change any of the terms
<br />and conditions of this Agreement.
<br />
<br />C. Should the parties fail to agree on a suitable Relocation Site. LESSOR may pay LESSEE the
<br />depreciated value for its Communications Facility and equipment should the Premises be needed for a
<br />governmental purpose.
<br />
<br />29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of
<br />this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the
<br />defaulting party written notice of such default. After receipt of such written notice, ,he defaulting party shall have fifteen
<br />(15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default,
<br />provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the
<br />nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the
<br />cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The
<br />non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless
<br />and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph. If either
<br />party L:ommences an action against the other party arising out of or in connection with this Lease, the prevailing party
<br />shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.
<br />
<br />30. ENVIRONMENTAL
<br />
<br />a. LESSEE shall not bring any hazardous materials onto the PremisesIProperty, except for those
<br />contained in its back-up power batteries and common materials used in telecommunications operations.
<br />"Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous
<br />in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat
<br />and dispose of any hazardous materials brought onto the PremisesIProperty by it in accordance with all federal,
<br />state and local laws and regulations.
<br />
<br />b. LESSOR will be responsible for all obligations of compliance with any and all environmental
<br />and industrial hygiene laws, including any regulations. guidelines. standards, or policies of any
<br />governmental authorities regulating or imposing standards of liability or standards of conduct with regard to
<br />any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in
<br />effect, that are or were in any way related to activity now conducted in, on, or in any way related to the
<br />Property, unless such conditions or concerns are caused by the activities of the LESSEE.
<br />
<br />c. LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and assume all duties,
<br />responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability
<br />(including but not limited to payment of penalties, sanctions, forfeitures. losses, costs, or damages) and for
<br />responding to any action, notice, claim, order, summons, citation, directive. litigation. investigation or
<br />proceeding which is in any way related to: (i) failure to comply with any environmental or industrial
<br />hygiene law, including without limitation any regulations, guidelines, standards, or policies of any
<br />governmental authorities regulating or imposing standards of liability or standards of conduct with regard to
<br />any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in
<br />effect, unless such compliance results from conditions caused by the LESSEE; and (ii) any environmental or
<br />industrial hygiene conditions arising out of or in any way related to the condition of the Property or
<br />activities conducted thereon, unless such environmental conditions are caused by the LESSEE.
<br />
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