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then any portions of any Annual Rent payments may not use the Premises or Property for any
<br /> covering any post-termination tinefiame(s)shall other purpose or business,other than its intended
<br /> be immediately refunded to Tenant by Landlord purpose as hereinabove stated without obtaining
<br /> within thirty(30)days from the date of the Landlord's prior written consent.
<br /> termination of the Lease.
<br /> 6. Termination. If any application by Tenant
<br /> 5. Use of Premises. Tenant may use the for any Approval is finally denied or rejected,or
<br /> Premises for its intended purpose,which is to if any Approval is canceled,expires,lapses or is
<br /> construct,maintain,secure and operate a otherwise withdrawn or terminated,or if,due to
<br /> wireless telecommunications cell facility technological changes or for any other reason.
<br /> ("Communications Facility")an equipment Tenant,in its sole discretion,determines that It
<br /> enclosure,required antennas and antenna support will he unable to use the Premises for Tenant's
<br /> structures(as such Communications Facility may intended purposes,then Tenant shall have the
<br /> be modified,added to or substituted from time to right to immediately terminate this Lease.
<br /> time). The Communications Facility,including Tenant shall notify Landlord,in writing,of
<br /> all antennas and antenna support sbnctmes,may Tenant's exercise of its right to terminate this
<br /> be coarsened as required by Tenant from time to Lease,and this Lease shall terminate after all
<br /> time,provided that Tenant obtains all permits Improvements to the Property and Premises have
<br /> and approvals required by applicable been removed and the Property and Premises
<br /> jurisdictions for such required configuration have been restored to its original condition,
<br /> Improvement of the Premises and License, excepting notnal wear and tear,provided
<br /> including all costs of installation,operation and - however,Tenant shall have only 60 days from
<br /> maintenance of the Communications Facility,to the date of writtennotification of its decision to
<br /> meet Tenant's needs shall be at Tenant's sole exercise its termination rights,to removal all
<br /> expense. In exercising the rights conferred by such Improvements and restore the Property and
<br /> the Lease,Tenant shall maintain the Premises in Premises to its original condition. Termination
<br /> a neat,clean,sanitary and safe condition,must shall relieve both parties of any further
<br /> use reasonable care and may not unreasonably obligations under this Lease,although each shall
<br /> increase the burden on the Property. Tenant continue to have its remedies for any breach of a
<br /> agrees that the installation and maintenance of a lease obligation,which occurred prior to the date
<br /> Communications Facility on the Property of the of termination. The parties agree that Paragraphs
<br /> Landlord on which it is installed shall be effected 7,8,9 and 10 shall continue to apply until
<br /> with all reasonable diligence and precaution to Tenant has completed its removal of personal
<br /> avoid damage to the land,property or personnel, property and fixtures and restoration of the
<br /> Additionally,the Communication Facility shall Premises. No refund for cost of Improvements
<br /> be maintained In a manner that is consistent with will be due to Tenant by Landlord at any time.
<br /> the approved plans fbr the Project and Tenant
<br /> shall comply with all conditions and 7. Insurance. Tenant shall provide Landlord
<br /> requirements from the Development Review satisfhctory evidence of personal property
<br /> Committee of the City of Santa Ana for this insurance in an amount sufficient to fully protest
<br /> Development Project(DP No. 1. In all personal property owned or controlled by
<br /> the event that maintenance is required,such as, Tenant from theft,fire,or other loss or damage
<br /> hut not limited to the replacement of missing while upon the Premises. Tenant shall also
<br /> branches or the repainting of the facility,such maintain commercial general liability insurance
<br /> maintenance must be completed within 14 with a combined single limit of not less than
<br /> working days. Landlord shall not be held $1,00,00 pee occurrence.
<br /> cc rrf nce, Such
<br /> ininsurance
<br /> u aofficers,eall
<br /> responsible fur loss of or damage to Tenant's (1)' Y
<br /> Improvements on the Property. Tenant's ability agents,employees and volunteers as additional
<br /> to use the Premises is dependent upon Tenant's insureds;(2)be primary with respect to
<br /> obtaining all of the certificates,permits,and insurance Or self-insurance programs maintained
<br /> other approvals which may be required from any by the Landlord,and(3)contain standard
<br /> federal,state or local authority and any non- separation of Insureds provisions.Tenant shall
<br /> disturbance agreements and access rights which (i)furnish properly executed certificates of
<br /> Tenant requires from any third parties • insurance to the Landlord prior to exercising its
<br /> (collectively,"Approvals"). Landlord shall rights under this Lease,which certificates shall
<br /> cooperate with Tenant proposed uses. Tenant clearly evidence all coverages required above
<br /> AT&T C-840(Downtown Santa Ara) Final•Stadium Lease Agreement
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<br /> Page 23 of 67
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