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<br />all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the
<br />reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises
<br />and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or
<br />
<br />(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the
<br />Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each
<br />be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with
<br />the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation; or
<br />
<br />(f) upon thirty (30) days written notice by Tenant is Tenant determines that the Property or Antenna Facilities are
<br />inappropriate or unnecessary for Tenant's operations due to economic reasons.
<br />
<br />(g) by Landlord, upon twelve (12) month's prior written notice, if Tenant's use of the Property interferes unreasonably
<br />with Landlord's use of the Property; provided, however, for purposes of this Section 8(g), the use or intended use of the Property
<br />by any telecommunications carrier shall not be deemed a use of the Property by Landlord.
<br />
<br />9. Default and Rilzht to Cure. Notwithstanding anything contained herein to the contrary and without waiving any
<br />other rights granted to it at Law or in equity, each party shall have the right, but not the obligation, to tenninate this Lease on
<br />written notice pursuant to Section 12 hereof, to take effect immediately, if the other party (i) fails to perform any covenant for a
<br />period ofthirty (30) days after receipt of written notice thereof to cure.
<br />
<br />10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event
<br />that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the
<br />obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing,
<br />Tenant shall pay any personal property tax, real property tax or any other tax or fee which are directly attributable to the presence
<br />or installation of Ten ant's Antenna Facilities, only for so long as this Lease has not expired of its own tenns or is not tenninated
<br />by either party. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding, or other
<br />venue, on behalf of Landlord and/or Tenant, any personal property or real property tax assessments that may affect Tenant. If
<br />Landlord receives notice of any personal property or real property tax assessment against the Landlord, which may affect Tenant
<br />and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to
<br />allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation
<br />associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this
<br />Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant
<br />shall have the right, but not the obligation, to tenninate this Lease without further liability after thirty (30) days' written notice to
<br />Landlord, provided Tenant pays any real property taxes assessed as provided herein.
<br />
<br />11. Insurance and SubrOl18tion and Indemnification.
<br />
<br />(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of One Million and no/100
<br />Dollars ($1,000,000.00). Tenant may satisry this requirement by obtaining the appropriate endorsement to any master policy of
<br />liability insurance Tenant may maintain.
<br />
<br />(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive
<br />all right of recovery against the other for any loss or damage covered by their respective first party property insurance. policies for
<br />all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim
<br />against the other. To the extent loss or damage is not covered by their first party property insurance policies, Landlord and
<br />Tenant each agree to indemniry and hold harmless the other party from and against any and all claims, damages, cost and
<br />expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or
<br />willful misconduct in the operations or activities on the Property by the indemnifYing party or the employees, agents, contractors,
<br />licensees, tenants and/or subtenants of the indemnifYing party, or (b) a breach of any obligation of the indemnifying party under
<br />this Lease. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential
<br />damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
<br />claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its
<br />receiving prompt written notice of any event giving rise to an obligation to indemnifYing the other party and (ii) the indemnified
<br />party's granting it the right to control the defense and settlement of the same. Notwithstanding anything to the contrary in this
<br />Lease, the parties hereby continn that the provisions of this section shall survive the expiration or tennination of this Lease.
<br />Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including. fines and penalties)
<br />attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property.
<br />
<br />12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3)
<br />days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day
<br />
<br />Site Nwnber:
<br />Site Name:
<br />Market:
<br />
<br />BA12765
<br />Water TaDk Hill
<br />Bay Area
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<br />CA Version 7.6.05
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