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and provide that such insurance shall not be damage,injury or death occurring prior to <br /> materially changed or terminated except on 30 termination or expiration of this Agreement, <br /> days prior written notice to the Landlord,(ii) efaults• The occurrence of any <br /> attach a completed and signed copy of an I t. 'en t <br /> "Additional Insured Endorsement"form to the one or mots of the following events shall <br /> certificates of insurance noted above,(iii) constitute an"Event of Default"by Tenant: <br /> maintain such insurance from the time the (a) The failure by Tenant to make any <br /> Project first commences until completion of the payments of rent or any other <br /> Project under this Lease;and(iv)replace such payment required to be made by <br /> certificates for polices expiring prior to the Tenant,as and when due,where <br /> termination of this Lease. such failure shall continue for a <br /> period of 10 days after written <br /> 8. Release Waivers. Tenant waives all claims notice is received by Tenant from <br /> against Landlord,its officers,agents,employees, Landlord. <br /> and volunteers for any injury or death to any (b) The failure by Tenant to observe or <br /> person,damage to property,or loss of use of any perform any of the covenants or <br /> property or loss to Tenant's business caused by provisions of this Lease to be <br /> or from Tenant's lase,maintenance or occupancy observed or performed by Tenant, <br /> of the Premises,or by or from any rights other than as specified in Paragraph <br /> conferred under this Lease to Tenant,excepting 11(a),where such failure shall <br /> the willful misconduct or sole negligence of continue for a period of 30 days <br /> Landlord,its officers,agents,employees and after written notice is received by <br /> volunteers. All policies of insurance obtained by Tenant from Landlord,provided, <br /> either patty pursuant to Paragraph 7 of this Lease however,that it shall not be <br /> shall waive the insured's rights of subrogation deemed an Event of Default by <br /> against the other party. Tenant if Tenant shall commence <br /> to cure such failure within said 30 <br /> 9. Util_Og4. Tenant shall be responsible day period and thereafter diligently <br /> directly to the serving entities for all utilities prosecutes such cure to completion. <br /> required by Tenant for its use of the Premises. <br /> Tenant will install an electric meter and the cost 12. Notices. All notices must be in writing and, <br /> of electricity used by Tenant ahab be paid by unless otherwise provided,shall be deemed <br /> Tenant directly to Southern California Edison. validly given if sent by certified mail,return <br /> receipt requested to the address indicated below <br /> 10. Indemnities. Tenant agrees to indemnify, the parties signatures(or in any other mailing <br /> defend(with counsel satisfactory to Landlord) address which the party to be notified may <br /> and bold harmless Landlord,its officers,agents, designate to the other party by such notice). If <br /> employees and volunteers from and against any sent by mail,any notice,tender,demand, <br /> and all claims(including any radio frequency delivery,or other communication shalt be <br /> and electromagnetic fields radiation related effective or deemed to have been given three(3) <br /> claims),losses,liabilities,costs,expenses,loss days after it has been deposited in the United <br /> or damage to property and for injuries to or death States mail,duly registered or certified,with <br /> of any person when arising our of or,in any way, postage prepaid,and addressed as sot forth <br /> resulting from:(i)the use of the Premises and above. If sent by telefacsimile,any notice, <br /> License by Tenant or its agents;(li)any breach tender,demand,delivery,or other <br /> or default in the performance of any obligation conummication shall be effective or deemed to <br /> on Tenant's part to be performed under the terms have been given twenty-four(24)hours after the <br /> of the Lease;or(iii)any occurrence in,upon,or time set forth on the transmission report issued <br /> at the Premises and License or on account of the by the transmitting facsimile machine,addressed <br /> use,condition or occupancy of the Premises and as set forth above. For the purposes of <br /> License,excepting willful misconduct or sole calculating these time frames,weekends,federal, <br /> negligence of Landlord,its officers,agents, state,county,or city holidays shall be excluded. <br /> employees and volunteers. The obligations of <br /> Section 10 of this Lease shall survive the 13. Hazardous'Substances, Landlord warrants <br /> termination of this Lease with respect to any and agrees that neither Landlord nor,to <br /> Landlord's knowledge,any third party has used, <br /> AT&T G840(Downtown Santa Ana) Final-Stadium Lease Agreement <br /> Page 3 of 8 <br /> Page 24 of 67 <br />