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27. SUCCESSORS. This Agreement shall extend to and hind the heirs,personal representatives, <br /> 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-time right, <br /> upon redevelopment of the Property, to relocate LESSEE's Facilities to alternate space within the Property, if <br /> available;provided however,that such relocation shall(I)be at LESSOR's sole coal and expense,(2)be performed <br /> by LESSEE or its agents,(3)not result in any interruption of the communications service provided by LESSEE on <br /> the Property,(4)not impair,or in any manner alter,the quality of communications service provided by LESSEE on <br /> and from the Property, and (5)be done in accordance with subsections B and C below. Upon relocation of <br /> LESSEE's Facilities,the access and utility rights of way will be relocated as required,In the sole discretion of <br /> LESSEE,to operate and maintain LESSEE's Facilities. <br /> B. LESSOR shall exorcise its relocation right under subsection A above by(and only by) <br /> delivering written notice(the"Notice')to LESSEE. In the Notice,LESSOR shall propose an alternate site within or <br /> on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty(60)days from the <br /> date it receives the Notice to evaluate LESSOR's proposed relocation site,during which period LESSEE shall have <br /> the righUto conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails <br /> to approve of such proposed relocation site In writing within the sixty-day period,LESSEE shall be deemed to have <br /> disapproved such proposed relocation site. If LESSEE disapproves such relocation site, than LESSOR may <br /> thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site <br /> which LESSOR and LESSEE agree upon in writing shall be referred to as the"Relocation Site." LESSEE shall <br /> have a period of not less than twelve (12)months after execution of a written agreement between the parties <br /> concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation <br /> Site. <br /> • <br /> Upon re)ocation of LESSEE's Facilities to the Relocation Site, all references to the Premises <br /> herein shall be deemed lobe references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site <br /> (including the access and utility right of way)may be surveyed by a licensed surveyor at the sole cost of LESSEE, <br /> and such survey will then replace Exhibit"B"and become a part hereof and will control or describe the Premises. <br /> Except as expressly provided,LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's <br /> Facilities,or any part thereof,under subsection A above,affect,alter,modify or otherwise change any of the terms <br /> and conditions of this Agreement, <br /> C. Should the parties fail to agree on a suitable Relocation Site,LESSOR may pay LESSEE <br /> the depreciated value for LESSEE's Facilities and equipment should the Premises be needed for a governmental <br /> purpose. <br /> 29. DEPAULt. In the event there is a default by either party with respect to any of the provisions of this <br /> Agreement or its obligations under it,including the payment of rent,the non-defaulting party shall give the defaulting <br /> party mitten notice of such default. After receipt of such written notice,the defaulting party shall have fifteen(15) <br /> days in which to cure any monetary default and thirty(30)days in which to cure any non-monetary default,provided <br /> the defaulting party shall have such extended period as may be required beyond the thirty(30)days if the nature of the <br /> cure is such that it reasonably requires more than thirty(30)days and the defaulting party cmrmrences the cure within <br /> the thirty(30)day period and thereafter continuously and diligently pursues the cure to completion, The non-defaulting <br /> party may not maintain any action or affect any remedies for default against the defaulting patty unless and until the <br /> defaulting party has failed to cute the same within the time periods provided to this Section. If either party commences <br /> an action 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 attomey's fees and costs of suit. <br /> 30. ENVIRONMENTAL. <br /> A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property,except for <br /> those 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 in <br /> any applicable federal,slate or local law or regulation,including petroleum and asbestos. LESSEE will treat and <br /> dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal,state <br /> and local laws and regulations. <br /> She tt:LAOoomA 7 <br /> siteNamr TMOIO Jerome Park <br /> Market:California <br /> Page 57 of 103 <br />