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ROYAL STREET COMMUNICATIONS 3 - 2007
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ROYAL STREET COMMUNICATIONS 3 - 2007
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Last modified
3/31/2017 12:50:03 PM
Creation date
3/21/2007 3:42:46 PM
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Contracts
Company Name
ROYAL STREET COMMUNICATIONS
Contract #
A-2007-043
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
2/20/2008
Expiration Date
2/20/2017
Insurance Exp Date
9/1/2013
Destruction Year
2022
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Notice shall be effective upon mailing or delivering the same to a commercial courier, as <br />permitted above. <br />27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal <br />representatives, successors, administrators and assigns of the Parties hereto. <br />28. RELOCATION RIGHT. <br />A. Anytime after the expiration of the original term, LESSOR shall have the one- <br />time right, upon redevelopment of the Property, to relocate LESSEE's Facilities to alternate space within <br />the Property, if available; provided however, that such relocation shall (1) be at LESSOR's sole cost and <br />expense, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the <br />communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the <br />quality of communications service provided by LESSEE on and from the Property, and (5) be done in <br />accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and <br />utility rights of way will be relocated as required, in the sole discretion of LESSEE, to operate and maintain <br />LESSEE's Facilities. <br />B. LESSOR shall exercise its relocation right under subsection A above by (and <br />only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an <br />alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall <br />have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, <br />during which period LESSEE shall have the right to conduct tests to determine the technological feasibility <br />of the proposed relocation site. If LESSEE fails to approve of such proposed relocation site in writing <br />within the sixty-day period, LESSEE shall be deemed to have disapproved such proposed relocation site. If <br />LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by <br />Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree <br />upon in writing shall be referred to as the "Relocation Site." LESSEE shall have a period of not less than <br />twelve (12) months after execution of a written agreement between the parties concerning the location and <br />dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. <br />Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the <br />Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that <br />the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor <br />at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and <br />will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree <br />that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, <br />affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. <br />29. DEFAULT. In the event there is a default by either party with respect to any of the <br />provisions of this Agreement or its obligations under it, including the payment of rent, the non-defaulting <br />party shall give the defaulting party written notice of such default. After receipt of such written notice, the <br />defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in <br />which to cure any non-monetary default, provided the defaulting party shall have such extended period as may <br />be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than <br />thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter <br />continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any <br />action or affect any remedies for default against the defaulting party unless and until the defaulting party has <br />failed to cure the same within the time periods provided in this Section. If either party commences an action <br />against the other party arising out of or in connection with this Agreement, the prevailing party shall be <br />entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. <br />30. ENVIRONMENTAL. <br />A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, <br />except for those contained in its back-up power batteries and common materials used in <br />Site No: LA0623B Page 8 of 24 <br />Site Address: 1528 South Standard Avenue, Santa Ana, CA 92707 <br />Execution Copy
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