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<br />C. LESSEE will be solely responsible for and will defend, indemnify, and
<br />hold harmless LESSOR and its elected officials, officers, employees, agents, and representatives,
<br />from and against any and all claims, costs, losses, expenses, demands, liabilities, actions, or
<br />causes of action, including reasonable attorneys' fees and other costs and expenses of litigation,
<br />arising out of or in connection with any cleanup or restoration of the Premises associated with
<br />LESSEE's use of Hazardous Materials or other regulated substance. For purposes of this Lease,
<br />"Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation,
<br />asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal,
<br />state, or local environmental or safety law or regulations. The obligation of this section shall
<br />survive the expiration and term sections of the Agreement.
<br />32. CASUALTY. In the event of damage by fire or other casualty to the Tower or
<br />Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
<br />same or, if the Property is damaged by fire or other casualty so that such damage may reasonably
<br />be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days,
<br />then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not
<br />completed the restoration required to permit LESSEE to resume its operation at the Premises,
<br />terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such
<br />notice of termination shall cause this Agreement to expire with the same force and effect as
<br />though the date set forth in such notice were the date originally set as the expiration date of this
<br />Agreement and the Parties shall make an appropriate adjustment, as of such termination date,
<br />with respect to payments due to the other under this Agreement. Notwithstanding the foregoing,
<br />the rent shall abate during the period of repair following such fire or other casualty in proportion
<br />to the degree to which LESSEE's use of the Premises is impaired.
<br />33. CONDEMNATION. In the event of any condemnation of the Property, Premises
<br />or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes
<br />intended hereunder, a• if such condemnation may reasonably be expected to disrupt LESSEE's
<br />operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's
<br />option, to be exercised in writing within fifteen (15) days after LESSOR shall have given
<br />LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days
<br />after the condemning authority shall have taken possession) terminate this Agreement as of the
<br />date the condemning authority takes such possession. LESSEE may on its own behalf make a
<br />claim in any condemnation proceeding involving the Premises for losses related to the
<br />equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
<br />of its leasehold interest). Any such notice of termination shall cause this Agreement to expire
<br />with the same force and effect as though the date set forth in such notice were the date originally
<br />set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
<br />as of such termination date with respect to payments due to the other under this Agreement. If
<br />LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement
<br />shall remain in full force and effect as to the portion of the Premises remaining, except that the
<br />rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to
<br />the total rentable area of the Premises. In the event that this Agreement is not terminated by
<br />reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused
<br />by such condemning authority.
<br />MMC Cential
<br />Water I'mar Lease Agreement 14
<br />22276800
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