2003/07/30 Council Agenda Packet

1 i. At the Lessor's option, to terminate this Lease if Lessee fails to cure the default upon reasonable notice under the circumstances; and/or ii. At the Lessor's option, to perform such response, remediation and/or cleanup as is required to bring the Site and Tower and any other property owned by Lessor affected by the Lessee's default into compliance with the Environmental Laws and to recover from the Lessee all of the Lessor's costs and expenses in connection therewith; and/or iii. To recover from the Lessee any and all damages associated with the default including, but not limited to, response, remediation and cleanup costs, expenses and charges, civil and criminal penalties and fees, adverse impacts on marketing the Site or Tower or any other property owned by Lessor, loss of business and sales by Lessor and other of Lessor's lessees, diminution of value of the Site, Tower and/or other property owned by Lessor, the loss of or restriction of useful space in or on the Site, Tower and/or other property owned by Lessor, and any and all damages and claims asserted by third parties and the Lessor's attorney's fees, costs and expenses. G. Remediation on Termination of Lease. i. Upon the expiration or earlier termination of this Lease, the Lessee shall remove, remediate or clean up any Hazardous Materials on, or emanating from, the Site, the Tower and the Lessee shall undertake whatever other action may be necessary to bring the Site and Tower into full compliance with the Environmental Laws ("Termination Cleanup"). The process for such Termination Cleanup is subject to the Lessor's prior written approval. Although the Lessor reserves the right to review and approve the Termination Cleanup process, the Lessor assumes no responsibility for it or its compliance with the Environmental Laws. ii. If the Lessee fails or refuses to commence the Termination Cleanup process, or fails to reasonably proceed toward completion of such process, the Lessor may elect to perform such Termination Cleanup after providing the Lessee with written notice of the Lessor's intent to commence Termination Cleanup and after providing the Lessee a reasonable opportunity, which shall not be less than ninety (90) days after such notice (unless the Lessor is given notice by a government or regulatory agency with jurisdiction over such matter that Termination Cleanup must commence within a shorter time), to commence or resume the Termination Cleanup process. If the Lessor performs such Termination Cleanup after said notice and the Lessee's failure to perform same,the Lessee shall pay all of the Lessor's costs and expenses. H. Survival. The Lessee's obligations and liabilities under this Section 12 shall survive the expiration or earlier termination of this Lease. 13. COMPLIANCE WITH LAW: Notwithstanding any other provision in this Lease to the contrary, Lessee, at its sole cost, shall comply with all laws, statutes, ordinances, regulations, rules, and other governmental requirements (hereinafter called "laws"), in performing or observing its obligations under this Lease. The provisions of this Section shall not 9 Page I 0 of 30