including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto
<br />the Premises/Property by it in accordance with all federal, state and local laws and regulations.
<br />B. LESSOR will be responsible for all obligations of compliance with any and all
<br />environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of
<br />any governmental authorities regulating or imposing standards of liability or standards of conduct with
<br />regard to any environmental or industrial hygiene conditions or concerns as may now or at any time
<br />hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way
<br />related to the Property, unless such conditions or concerns are caused by the activities of LESSEE.
<br />C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
<br />assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
<br />responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures,
<br />losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation,
<br />directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with
<br />any environmental or industrial hygiene law, including without limitation any regulations, guidelines,
<br />standards, or policies of any governmental authorities regulating or imposing standards of liability or
<br />standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may
<br />now or at any time hereafter be in effect, unless such compliance results from conditions caused by
<br />LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to
<br />the condition of the Property or activities conducted thereon, unless such environmental conditions are
<br />caused by LESSEE.
<br />31. CASUALTY. In the event of damage by fire or other casualty to the Premises that
<br />cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is
<br />damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's
<br />operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire
<br />or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to
<br />resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to
<br />LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and
<br />effect as though the date set forth in such notice were the date originally set as the expiration date of this
<br />Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect
<br />to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement,
<br />Rent shall be abated proportionally to the reduction of use.
<br />32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may
<br />terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own
<br />behalf make a claim in any condemnation proceeding involving the Premises for losses related to the
<br />antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by
<br />LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of
<br />termination shall cause this Agreement to expire with the same force and effect as though the date set forth
<br />in such notice were the date originally set as the expiration date of this Agreement and the parties shall
<br />make an appropriate adjustment as of such termination date with respect to payments due to the other under
<br />this Agreement.
<br />33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not
<br />constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution
<br />of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this
<br />Agreement and shall not invalidate the remaining provisions of this Agreement.
<br />34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in
<br />accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in
<br />conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with
<br />LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises.
<br />Site No: LA0620A Page 9 of 25
<br />Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704
<br />Execution Copy
<br />
|