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~ ! <br />If to Tenant: Cingular Wireless <br />c /o Network Real Estate Administration <br />Re; Cingular Wireless Cell Site #SNFCCA2109; Cell <br />Cell Site Name: Aurora & Fairway <br />6100 Atlantic Boulevard <br />Norcross, Georgia 30071 <br />Attention: Property Manager <br />With a copy to: Cingular Wireless LLC <br />Attn: Legal Department <br />Re; Cingular Wireless Cell Site #SNFCCA2109; <br />Cell Site Name: Aurora & Fairway <br />15 E Midland Ave <br />Paramus, NJ 07652 <br />The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable <br />attorney's fees and court costs, including appeals, if any. <br />If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of this <br />Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, <br />shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by <br />law. <br />Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or <br />expiration of this Lease will so survive. <br />This Lease shall be governed under California law, and be binding on and inure to the benefit of the <br />successors and permitted assignees of the respective parties. Any legal action must be brought in Alameda County <br />Superior Court or the U.S District Court for Northern California. <br />Upon request either party may require that a Memorandum of Lease be recorded confirming the (i) Lease <br />commencement, (ii) expiration date of the Term, and (iii) the duration of any Renewal Terms. <br />This Lease constitutes the entire Lease between the parties, and supersedes all understandings, offers, <br />negotiations and other leases concerning the subject matter contained herein. There are no representations or <br />understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and <br />conditions of this Lease must be in writing and executed by both parties. <br />written. <br />IN WITNESS WHEREOF, the parties have entered into this Lease effective as of the date first above <br />LESSEE: NEW CINGULAR WIRELESS PCS, LLC A LESSOR: CITY OF SAN LEANDRO <br />DELA E LIM ED LIABILITY COMPANY <br />By: ~ gy. <br />Name: ~ ~~~ ~~~ ~ Name: ~ ~~JiS/ ~. ~ ~~ ~'IAM/S" <br />Title: ~ .C ~. ~ ~ Title: C~~'' ,~i~}N~~ <br />Date: ~ ~J~ ~ ~ ~ Tax:ID# ~~~ ` ~ ~" ~' ~' ~~~ <br /> Date: ~~ ..~ ~/ ~-~ <br />AT~ WI E~ ATTEST WITNES <br /> <br />Date: `~ 3 ~0 S Date: ~~ Q5 <br />4 ~~ <br />No.CALeaseFormS/2Q01 - <br />- INITIALED BY: Ci <br /> f~' <br />