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the right to remove any or all of Lessee's Facilities at its sole expense on or before the expiration of this Lease or
<br />within thirty (30) days after an early termination of this Lease.
<br />(c) Lessor shall provide Lessee, Lessee's employees, agents, contractors, subcontractors and assigns
<br />with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Lessee. Lessor
<br />represents that it has full rights of access to the Premises, and hereby allows Lessee access to the Premises as
<br />required to construct, maintain, install and operate Lessee's Facilities on the Premises, and to remove them there
<br />from. Lessee's exercise of such rights shall not cause undue inconvenience to Lessor. The Premises shall not be
<br />deemed to include the area beyond the security gate installed by the Lessee as part of the site development. Access
<br />shall not be permitted to any area beyond the security gate without the written consent of the Lessor.
<br />(d) If Lessee causes any damage to the property, it shall promptly repair same at its sole cost after
<br />notice to the Lessor and in compliance with all local laws.
<br />(e) Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present
<br />utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Subject
<br />to Lessor's and AGC's written approval of the location, which approval shall not be unreasonably withheld, Lessee
<br />shall have the right to place utilities on (or to bring utilities across) Lessor's Property in order to service the Premises
<br />and Lessee's Facilities.
<br />(f) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation
<br />and maintenance of Lessee's Facilities. Lessee shall have a meter installed for all utility service and shall be
<br />responsible for payment of said utilities. The Lessor may waive this requirement at Lessor's sole discretion.
<br />(g) Upon the expiration, cancellation or termination of this Lease, Lessee shall surrender the Premises
<br />to Lessor in good condition.
<br />7. Interference with Communications. Lessee's Facilities shall not disturb the communications
<br />configurations, equipment and frequency which exist on Lessor's Property (where Property is defined as Alameda
<br />County Assessor's Office Parcel Number 080g-0924-001-04 on the Commencement Date ("Pre-existing
<br />Communications"), and Lessee's Facilities shall comply with all non-interference rules of the Federal
<br />Communications Commission. Lessor shall not permit the use of any portion of Lessor's Property in a way which
<br />interferes with the use of the Premises described in Paragraph 2, above. If Lessee experiences interference with
<br />Lessee's Facilities caused by a source that does not qualify as Pre-existing Communications that is a communications
<br />facility of another lessee or licensee of Lessor, upon written notice from Lessee, Lessor shall make commercially
<br />reasonable efforts to cause said third party to promptly cease such interference. If the Lessor does not resolve the
<br />interference, Lessee may terminate this Lease. Notwithstanding the foregoing, pre-existing communication facilities
<br />operating in the same manner as on the Commencement Date shall not be deemed interference. In the event that the
<br />Lessor places communication equipment on the site for Public Safety purposes, said equipment will be treated as a
<br />pre-existing condition and compliance with non-interference rules as to such Public Safety equipment shall be the
<br />responsibility of the Lessee.
<br />8. Taxes. Lessee shall pay personal property taxes assessed against Lessee's Facilities and Lessor
<br />shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or
<br />this Lease.
<br />Termination.
<br />(a) This Lease, in addition to any other remedies which may be pursued in law or in equity,
<br />may be terminated by either party upon a material default of any covenant, condition, or term hereof by the other
<br />party, as follow: (i) if monetary default is not cured within ten (10) business days of receipt of written notice of
<br />default, or (ii) if anon-monetary default is not cured within thirty (30) days of receipt of written notice of default;
<br />provide, however, if anon-monetary default cannot reasonably be cured within thirty (30) days, the Lease shall not
<br />be terminated, if the party commences the cure within the thirty (30) days and diligently pursues it to completion.
<br />This Lease may be terminated by Lessee without further liability for any reason or for no reason, provided Lessee
<br />delivers written notice of termination to Lessor prior to the Commencement Date.
<br />(b) This Lease may also be terminated by Lessee without further liability on ninety (90) days
<br />prior written notice (i) if Lessee is unable to reasonably obtain or maintain any certificate, license, permit, authority
<br />or approval from any governmental authority, thus, restricting Lessee from installing, removing, replacing,
<br />maintaining or operating Lessee's Facilities or using the Premises in the manner described in Paragraph 2 above; or
<br />(ii) if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or
<br />technological reasons, including without limitation, signal strength, coverage or interference.
<br />No. CA Lease Farm 5/2001 - ? - INITIALED BY: ~~
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