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generated,stored or disposed of,or permitted the Ana for review. All exhibits referenced <br /> use,generation,storage or disposal of,any herein and attached to this Lease shall <br /> Hazardous Material(as defined below)on, be incorporated by reference as if fully <br /> under,about or within landlord's Property in set forth in the Lease. <br /> violation of any law or regulation. Landlord and (h) Landlord warrants and agrees that <br /> Tenant each agree that they will not use, Landlord's Property(including, <br /> generate,store or dispose of any Hazardous without limitation,the Premises),and <br /> Material on,under,about or within Landlord's all improvements comply and during <br /> Property in violation of any law or regulation. the term of this Lease shall continue to <br /> Landlord and Tenant each agree to defend and comply with all building,health and <br /> indemnify the other and the other's partners, safety,disability and other laws,codes <br /> affiliates,agents and employees against any and and regulations of any governmental or <br /> all losses,liabilities,claims and/or costs quasi-governmental entity.All such <br /> (including reasonable attorneys'fees and costs) compliance shall be accomplished at <br /> arising from any breach of any warranty or Landlord's cost and expense. <br /> agreement contained in this paragraph. (e) The language of each part of this Lease <br /> "Hazardous Material"shall mean any substance, shall be construed simply and <br /> chemical or waste identified as hazardous,toxic according to its fair meaning,and this <br /> or dangerous in any applicable federal,state or Lease shall never be construed either <br /> local law or regulation(including petroleum and for or against either party. This Lease <br /> asbestos). shall be governed by and construed in <br /> accordance with the laws of the State of <br /> 14, u'o ,ent/Non-Interference. Landlord California. <br /> warrants and agrees that Tenant,upon paying the (d) If either party institutes any action or <br /> rent and performing the covenants of this Lease, proceeding in court to enforce any <br /> shall enjoy the rights set forth In this Lease. provision of this Lease,or any action Landlord shall not cause or permit any use of the for deranges for any alleged breach of <br /> Landlord's Property,which interferes with or any provision of this Lease,then the <br /> impairs the quality of the communications prevailing party in the action or <br /> services being rendered by Tenant from the proceeding shall be entitled to receive <br /> Premises,provided,however,that Landlord shall from the losing party such amount as <br /> have the unilateral right and privilege to(a) the court may adjudge to be reasonable <br /> undertake all normal items and operations attorneys'fees for the services rendered <br /> associated with the current use of the Property, to the prevailing party,together with its <br /> such as,public events which may include high other reasonable litigation expenses. <br /> powered electric lights and food service,(b) (e) Each party to ibis Lease represents and <br /> arrange for the televising of any public event to warrants that it has full authority to <br /> be held at the Property,and(c)ability to contract execute this Lease and to bind its <br /> with other interested parties. respective parties to the lease. <br /> (t) Preparation of this Lease by Tenant or <br /> 15. Mimeliancniia. Tenant's agent and submission of title <br /> (a) This Lease,including attached exhibits, Lease to offer tLLandlord ord shall to lnot be <br /> This <br /> deemed <br /> all agreements and <br /> an understandings between Landlord and. Lease shall become binding upon <br /> Tenant,and no verbal agreements or Landlord and Tenant only when hilly <br /> understandings shall be binding upon executed by both parties. <br /> either Landlord or Tenant,and any <br /> addition,variation or modification to 16. Tenant's Access to Premises/Property. <br /> (a)thLimitations-Tenant agrees that its <br /> madeid inLense shall and ineffectivesigned unbothless access to the Premises as described in <br /> writingo amendment e by al Paragraph I herein above,shall be <br /> parties. No hereto shall be P <br /> effective unless set forth in writing and limited when the Premises is being <br /> executed by Landlord and Tenant used for a public event,and the four(4) <br /> Additionally,any amendments to this hoods before and after any such event <br /> Lease must be submitted to the Tenant will obey all procedures set by <br /> Planning Division of the City of Santa Landlord regarding notification before <br /> AT&T C-840(Downtown Santa Ana) Final-Stadium Lease Agreement Page 4 of g <br /> Page 25 of 67 <br />