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13. Termination. This Lease Agreement may be terminated by Lessee effective immediately without
<br />further liability by delivery of written notice thereof to Lessor prior to the Commencement Date for any reason
<br />resulting from Lessee's Due Diligence, or if a title report obtained by Lessee for Lessor's Real Property shows any
<br />defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises for Lessee's
<br />intended use, or for any other or no reason. This Lease may be terminated without further liability on thirty (30)
<br />days prior written notice as follows: (i) by either party upon a default of any covenant, condition, or term hereof by
<br />the other party, which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee
<br />if it does not obtain licenses, permits or other approvals necessary to the construction or operation of Lessee's
<br />Facilities or is unable to maintain such licenses, permits or approvals despite reasonable efforts to do so; (iii) by
<br />Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other
<br />governmental or regulatory agency, including, but not limited to, a take back of frequencies; or (iv) by Lessee if
<br />Lessee determines that the Premises are not appropriate for its operations for economic, environmental or
<br />technological reasons, including, without limitation, signal strength or interference; or (v) by the Lessor, upon twelve
<br />(12) months prior written notice, if Lessee's use of the Property interferes unreasonably with Lessor's ordinary use of
<br />the Property as of the Effective Date, and Lessee's Facilities cannot reasonably be relocated on the Property so as to
<br />eliminate the unreasonable interference; provided, however, for the purpose of this Section 13(v), the use of the
<br />Property by any other telecommunications carier shall not be deemed an "ordinary use" of the Property by the
<br />Lessor With respect to this relocation provision, Lessee shall have the right to utilize a temporary
<br />telecommunications facility including but not limited to the use of acell-on-wheels ("COW") to avoid an
<br />interruption in its services during the relocation process. The location of the COW shall be subject to the prior
<br />written consent of the Lessor, which shall not be unreasonably withheld, conditioned or delayed. Deployment of the
<br />COW shall be at the sole cost and expense of the Lessee. Other than as stated herein and except as provided in
<br />pazagraph 2, Lessor shall not have the right to terminate, revoke or cancel this Lease Agreement.
<br />14. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged so as in
<br />Lessee's judgment to hinder its effective use of Lessor's Property for the ongoing operation of a wireless
<br />communications site, Lessee may elect to terminate this Lease Agreement as of the date of the damage or destruction
<br />by so notifying Lessor no more than thirty (30) days following the date of damage or destruction. In such event, all
<br />rights and obligations of the parties which do not survive the termination of this Lease Agreement shall cease as of
<br />the date of the damage or destruction.
<br />15. Condemnation. If a condemning authority takes all of Lessor's Real Property, or a portion
<br />which in Lessee's reasonable opinion is sufficient to render the Premises unsuitable for Lessee's ongoing operation
<br />of a wireless conunanications site, then this Lease Agreement shall terminate as of the date when possession is
<br />delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim
<br />against the condemning authority for just compensation recoverable under applicable condemnation law. Sale of all
<br />or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of
<br />eminent domain shall be treated as a taking by a condemning authority.
<br />16. Insurance. Lessee shall maintain the following insurance: (1) Commercial General Liability with
<br />limits of One Million Dollars ($1,00Q000.00) per occurrence, (2) Automobile Liability with a combined single limit
<br />of One Million Dollars ($1,000,000.00) per accident, (3) Workers Compensation as required by law, and (4)
<br />Employer's Liability with limits of One Million Dollars ($1,000,000.00) per occurrence. Lessor, at Lessor's sole cost
<br />and expense, shall procure and maintain on the Property, bodily injury and property damage insurance with a
<br />combined single limit of at least One Million Dollazs ($1,000,000.00) per occurrence. Such insurance shall insure,
<br />on an occurrence basis, against liability of Lessor, its employees and agents azising out of or in connection with
<br />Lessor's use, occupancy and maintenance of the Property. Each party shall be named as an additional insured on the
<br />other's policy. Each party shall provide to the other a certificate of insurance evidencing the coverage required by
<br />this pazagraph within thirty (30) days of the Commencement Date. Each party waives any rights of recovery against
<br />the other for injury or loss due to hazazds covered by their property insurance, and each party shall require such
<br />insurance policies to contain a waiver of recovery against the other.
<br />Site No: SF06520A-Santos Ranch
<br />Site Address: 3998 Foothill Rd., Pleasanton, CA
<br />FMAL LEASE 9.14.08
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