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<br />Attachment 1 <br /> <br />6.1C <br />Page 15 <br /> <br />installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) <br /> <br />agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for <br /> <br />any rent due or to become due and that such Collateral may be removed at any time without recourse to <br /> <br />legal proceedings. <br /> <br />11.04 Consent to Assignment. Lessor consents to the assignment by Lessee of this Lease to <br /> <br />Lessee's lenders as security for the payment of all indebtedness and performance of obligations under the <br /> <br />promissory notes and Financing and Security Agreement evidencing the financing referred to in paragraph <br /> <br />11.03 above; provided that such assignment shall not cot'.stitute assumption by Lessee's lenders of at1Y <br /> <br />obligations under this Lease unless and until any such lender elects to assume Lessee's rights and <br /> <br />obligations herein in the event Lessee defaults under such promissory notes, Financing Agreement or any <br /> <br />agreement with the lender related thereto. In such event, Lessee's lenders may, but shall have no obligation <br /> <br />to take in its name or in the name of Lessee or otherwise, such actions as the lender may, at any time or <br /> <br />from time to time deem necessary to utilize the Leased Premises. Lessee hereby irrevocably authorizes <br /> <br />Lessor to accept such performance by Lessee's lenders. <br /> <br />12. DEFAULTS: REMEDIES. <br /> <br />12.01 Defaults. The occurrence of anyone or more of the following events shall constitute a <br /> <br />material default or breach of this Lease by Lessee. <br /> <br />(a) The abandonment of the Leased Premises by Lessee for a period of more than Sixty (60) <br /> <br />consecutive days, unless ordered to do so by governmental authority. <br /> <br />(b) The failure by Lessee to make any payment of rent or any other payment required to be <br /> <br />made by Lessee hereunder, as and when due, where such failure shall continue for a period of Ten (10) <br /> <br />days after mailing of written notice thereof from Lessor to Lessee. <br /> <br />(c) The failure by Lessee to observe or perform any of the covenants, conditions or <br /> <br />provisions of this Lease in any material respect to be observed or performed by Lessee, other than those <br /> <br />described in Paragraph 12.01(b) above, where such failure shall continue for a period of Thirty (30) days <br /> <br />after mailing of written notice thereof from Lessor to Lessee; provided, however, that, if the nature of <br /> <br />Lessee's default is such that more than Thirty (30) days are reasonably required for its cure, then Lessee <br /> <br />Lease Agreement-Gommunications Site- PGE Tower (Redwood Shores Parkway and Radio Road) - Revl (215107) <br /> <br />13 <br />