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Market:Northern California Cell Site Number:CNU0413 Search Ring Name:Livermore Cell Site Name:Livermore(CA) Fixed Asset Number:10087959 any other agreements of record or not of record, which would adversely affect Lessee's permitted use and enjoyment of the Tower under this Lease Agreement. 31. Casualty. City will provide notice to Lessee of any casualty or other harm affecting the Leased Areas within forty-eight (48) hours of the casualty or other harm. If any part of the Wireless Telecommunication Facility or Leased Areas are damaged by casualty or other harm as to render the Leased Areas unsuitable, in Lessee's sole determination, then Lessee may terminate this Lease Agreement by providing written notice to City and Pleasanton, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Lessee will be entitled to collect all insurance proceeds payable to Lessee on account thereof and to be reimbursed for any prepaid rent on a pro rata basis. City agrees to permit Lessee to place temporary transmission and reception facilities that can be easily moved to accommodate construction activities (e.g., cell on wheels or COW) on the Premises, but only until such time as Lessee is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Lease Agreement, such temporary facilities will be governed by all of the terms and conditions of this Lease Agreement, including Base Rent. If City and Pleasanton or Lessee undertakes to rebuild or restore the Premises and/or the Tower, as applicable, they agree to permit Lessee to place temporary transmission and reception facilities on the Tower. If Cities determine not to rebuild or restore the Premises or Tower, Cities will notify Lessee of such determination within thirty (30) days after the casualty or other harm. Cities agree that the Base Rent shall be abated until the Premises are rebuilt or restored, unless Lessee places temporary transmission and reception facilities on the Property. 32. General Provisions. (a) Time of the Essence. Time is of the essence of each provision of this Lease Agreement. (b) Relationship of the Parties. Nothing contained in this Lease Agreement shall be deemed or construed by the parties or by a third party to create the relationship of principal and agent, and/or of partnership, and/or of joint venture, and/or of any association between the parties. (c) Entire Agreement. This instrument, including any attachments hereto, constitutes the entire agreement of the parties relating to the subject matter of this Lease Agreement and correctly sets forth the rights, duties and obligations of each party to the other. (d) Partial Invalidity. If any provision or portion of this Lease Agreement shall be deemed invalid by a court of competent jurisdiction, it is agreed that such invalidity shall affect only such provision or portion thereof, and the remainder of this contract shall remain in force and effect. (e) California Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the State of California. (f) Review of Lease Agreement. Each party to this Lease Agreement declares that prior to the execution of this Lease Agreement, each party had the opportunity to seek the independent advice of counsel and that they apprised themselves of sufficient relevant information in order that they might intelligently exercise their own judgment in deciding whether Lease for Installation of Telecommunications Equipment-Final Page 17