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LESSEE shall: (a)prior to exercising any right under this Agreement,furnish properly executed
<br /> certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence aid coverages
<br /> required above;(b)provide that such insurance shall not have its required limits reduced or terminated except on
<br /> thirty (30) days prior written notice to LESSOR; (c)maintain such insurance for the period covered by this
<br /> Agreement;and(d)replace such certificates for policies expiring prior to the expiration of this Agreement.
<br /> Ia. ffEWIRENCE. LESSEE's Facilities shall not disturb the conummications configurations,
<br /> equipment,and frequency,which exist on the Property on the date this Agreement is fully executed("Pre-Existing
<br /> Communications"),or public safety communication operations, as may be upgraded periodically,and LESSEE's
<br /> Facilities shrill comply with all rion,interfarence rules of the Federal Communications Commission ("FCC').
<br /> LESSOR shall not use,or permit the use of,.any portion of the Property in any way,which interferes with LESSEE's
<br /> use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder,
<br /> LESSER shall have the right to bring legal action to enjoin such interference against the party causing any alleged
<br /> interference andlor immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing
<br /> Communications operating in the some tuanner as on the date this Agreement is fully executed shall not be deemed
<br /> interference. LESSOR shall require any future tenants,assignccs,licensees,or accupanls using any portion of the
<br /> Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of
<br /> this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property,which such
<br /> consent shall not be unmosonably withheld, conditioned, or delayed, provided that USSL'E's consent may be
<br /> withheld if interference with LESSEE's transmissions,roceptions,operations,or use of frequency will tesult due to
<br /> such use,whether or not such interfcrenc:e is.with LESSE>'s frequencies or otherwise, The City Manager shall
<br /> determine whether consent is unreasonably withheld and may require LESSER to consent subject to the above
<br /> conditions,
<br /> in the event of any interference with LESSOR's public safety communications operations,LESSEE shall
<br /> have twenty-four(24)hours after receipt of notice to cure time interference,and ifIXISSEE fails to do so,LESSOR
<br /> has the right to require that LESSEE cease operating LESSEE's Facilities (except for Intermittent testing to
<br /> determine the source of the interference) until LESSEE is able to recommence operations without causing such
<br /> interference. If.LLSSEE's Facilities interfere with LESSOR's public safety cornmonications operations during an
<br /> emergency,LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE
<br /> His to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities: LESSEE shall
<br /> reimburse LESSOR far any actual,reasonable costs that LESSOR incurs to cure any interference with LESSOR's
<br /> public safety communications operations caused by LESSEE's Facilities.
<br /> 14. UPON `fERMINA 'ON. LESSEE, upon expiration or earlier termination of the
<br /> Agreement,shall, within ninety (90) days, remove LESSEE'S Pixturos and all personal property and otherwise
<br /> restore the Premises substantially to its original condition,at LESSEE's sole expense,reasonable wear and bear,and
<br /> casualty excepted. Underground conduits,faurdations and structures may remain at LFSSOR's option. LESSOR
<br /> agrees and acknowledges that all of the equipment and personal property of LESSEE shall retrain the personal
<br /> property of LESSEE and LESSEE shalt have the right to remove the same,excepting the building structures erected
<br /> on the property, If such time for removal causes LESSEE to remain on the Premises past the atbrcrnienticned ninety
<br /> (90)day period after the expiration or canker termination of this Agreement,LESSEE shall pay rent at the then
<br /> existing monthly rate or on the axisling monthly pro-rota basis ifbased upon a longer payment term,until such time
<br /> as the removal of Lite building,antemra structure,fixtures and all personal property are completed, Antenna support
<br /> structure and all utilities cabling and wiring shall remain at I-ESSOR's option in its as-is condition.
<br /> 15. REC:ORDINO AND QUITCI,ATM(�( _ Ifrequcsted by LESSEE,LESSOR agrees promptly to
<br /> execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit
<br /> VF . LESSEE agrees to execute and record a quitclaim deed or other Inshument evidencing time termination of
<br /> LESSEE's interest in the Property upon the expiration or termination ofthis Agreement.
<br /> 16. RI(�l1"t'S UppNJ aU. Should the LESSOR, at any time during the term of this Agreement,
<br /> decide to sell all or any part of the property to a punpltaser other than LESSEE,such sale shall be under and subject
<br /> to this.Agreement and LESSEE's rights hereunder,and any sale by the LESSOR of the portion of this Property
<br /> underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such
<br /> right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbancc agrectnetnt from.the
<br /> present and any future mortgagees) or holdcr(s)of a deed of trust confirming that i.CSSI E's right to quiet
<br /> possession of the Prernisas during this Agreement shall not be disturbed,so long as LESSEE Is not in default under
<br /> this Agreement.
<br /> Site No. L403069Cf nil Savad"r Park Page 4 of 23
<br /> Situ Address; 1925 CSvlc Center Dtiuc West,Siam Am,CA 927113
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