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use of Lessor's easements for access to the Premises, except those resulting from the gross negligence or willful
<br />misconduct of Lessor or Lessor's officers, directors, partners, shazeholders, employees, agents, contractors or
<br />subcontractors.
<br />(b) Lessor's Indemnitv. Lessor hereby agrees to indemnify and hold Lessee and Lessee's
<br />officers, directors, partners, shareholders, employees, agents, contractors or subcontractors harmless from and
<br />against any and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and
<br />costs) and injuries (including personal injuries or death) arising from or in connection with Lessor's use, operation,
<br />maintenance or repair of improvements on Lessor's Real Property or Lessor's shared use of easements for access to
<br />Lessor's Real Property, except those resulting from the gross negligence or willful misconduct of Lessee or Lessee's
<br />officers, directors, partners, shareholders, employees, agents, contractors or subcontractors.
<br />(c) Survival of Indemnitv Provisions. The indemnity provisions of this section shall
<br />survive the expiration, cancellation or expiration of this Lease Agreement.
<br />21. Environmental Issues: Historic Preservation; Hazardous Materials. Lessor represents that
<br />Lessor's Real Property is not subject to any environmental conditions, adverse impacts, or mitigation monitoring
<br />programs resulting from any prior environmental assessments conducted under the National Environmental Policy
<br />Act (NEPA) or the California Environmental Quality Act (CEQA) which could reasonably forbid, interfere with, or
<br />complicate Lessee's proposed use of the Premises. Further, Lessor represents that Lessor's Real Property has not
<br />been listed or been determined to be eligible for listing on the National Register of Historic Places, has not been
<br />identified or determined to be an historical landmark or located within an historic district or preservation district
<br />under applicable federal, state or local laws or regulations, and has not been identified as an archeological site nor as
<br />a location of any archeological aztifacts or other similar resources by any prior survey or study. Further, Lessor
<br />represents that neither Lessor's Real Property nor the Premises have been used for the generation, storage, treatment
<br />or disposal of hazardous materials, hazardous substances or hazardous wastes as now or hereafter defined in the
<br />federal Solid Waste Disposal Act (SWDA; 42 U.S.C.§ 6901 et. seq.) or other federal or state environmental statutes
<br />or regulations. [n addition, Lessor represents that no hazardous materials, hazardous substances, hazazdous wastes,
<br />pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction
<br />or derivative thereof) or underground storage tanks aze located on or near Lessor's Real Property or the Premises.
<br />Notwithstanding any other provision of this Lease Agreement, Lessee relies upon the representations stated herein as
<br />a material inducement for entering into this Lease Agreement. Lessee shall not bring any hazardous materials onto
<br />the Premises except for those contained in its back-up power batteries (lead acid batteries) and common materials
<br />used in telecommunications operations, such as cleaning solvents. Lessee shall handle any hazardous materials it
<br />brings onto the Premises in accordance with all applicable federal, state and local laws and regulations. Lessor and
<br />Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and
<br />employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs)
<br />arising from any breach of any representation, warranty or agreement contained in this paragraph. This paragraph
<br />shall survive termination of this Lease Agreement.
<br />22. Notices and Deliveries. Any notice or demand required to be given herein shall be made by
<br />certified or registered mail, return receipt requested, confirmed fax, or reliable overnight delivery service [o the
<br />address of the respective parties set forth below:
<br />Lessor: City of Pleasanton
<br />200 Old Bernal Avenue
<br />PO Box 520
<br />Pleasanton, CA 94566-0808
<br />Attn: City Manager's Office
<br />Telephone: 925-931-5002
<br />Facsimile: 925-931-5482
<br />Federal Taxpayer ID Number: 94-6000397
<br />Page 6 of 12
<br />Site No: SF06520A -Santos Ranch
<br />Site Address: 3998 Foothill Rd., Pleasanton, CA
<br />FINAL LEASE 9.14.08
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