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<br />(e) Arbitration. All disputes and controversies of every kind and nature bet"Ween <br />the parties to this agreement arising out of or in connection vvith this communications site lease <br />agreement as to the existence, construction, validity, interpretation or meaning, performance, <br />nonperformance, enforcement, operation, breach, continuance, or termination of the agreement shall be <br />submitted to an arbitration agency in the state of Califomia. The outcome of any such arbitration "Will be <br />final and binding. <br /> <br />(f) Attornevs' Fees and Costs. The substantially prevailing party in any legal claim <br />arising hereunder shall be entitled to its reasonable attorneys' fees and court costs. <br /> <br />(g) Survival. Terms and conditions of this Lease Agreement "Which by their sense and <br />context survive the termination, cancellation or expiration of this Lease Agreement <br />"Will so survive <br /> <br />(h) This section is not applicable and has been omitted. <br /> <br />(i) Entire Aereement: Amendments. This Lease Agreement constitutes the entire <br />agreement and understanding bet"Ween the parties regarding Lessee's lease of the Premises and <br />supersedes all offers, negotiations and other agreements conceming the subject matter contained herein. <br />There are no representations or understandings of any kind not set forth herein. Any amendments to this <br />Lease Agreement must be in vvriting and executed by authorized representatives of both parties; <br />provided, ho"Wever, that this Lease Agreement shall be revie"Wed 18 months after the Commencement <br />Date, and then every 36 months thereafter, to ensure that the terms are still equitable to both parties. <br />After any such revie"W, Lessor may increase the Rent. <br /> <br />0) No Presumptions Reeardioe Preparation of Lease Aereement. The parties <br />ack:no"Wledge and agree that each of the parties have been represented by counselor has had full <br />opportunity to consult "With counsel and that each of the parties has participated in the negotiation of this <br />Lease Agreement. Accordingly it is the intention and agreement of the parties that the language, terms <br />and conditions of this Lease Agreement are not to be construed in any "Way against or in favor of any <br />party hereto by reason of the roles and responsibilities of the parties or their counsel in connection vvith <br />the preparation of this Lease Agreement. <br /> <br />[SIGNATURE PAGE FOLLOWS] <br /> <br />Connnunications Site Lease Agreement <br /> <br />Page 7 of 10 <br />