Fill and Sign the Sample Fiber Optics Lease Agreement Anaheimnet Form

Page 1 of 3 STORAGE YARD LEASE (Fiber Optic Communication System) STATE: COUNTY: LESSOR: (Name and Address) LESSEE: (Name and Address) EFFECTIVE DATE: This Agreement is dated as of the Effective Date stated above. It is between Le ssor, named above, and Lessee, named above.1. Lessor leases and lets to Lessee a parcel of land containing a total of _____ a cres of flat, vacant land suitable for Lessee’s use, for the purposes of storing fiber optic cable, fittings, splicing equipment, heavy equipment, and other related material necessary for the construc tion and testing of a fiber optic communication system. Lessee and its contractor will also be allowed to set up and maintain portable office trailers during the term of this Lease t o help facilitate Lessee’s operations. The lease area is located in _____ County, _____ (the “Lease Area”), and is described as follows: (Description of Land) 2. Lessor guarantees that Lessee, its agents and assigns, will have unrestricted access to the Lease Area during the term of this Lease. 3. The term of this Lease shall run from _____ to _____. For this term Lessee shall pay Lessor, in advance, the total sum of _____ Dollars ($_____). The sum is to be paid on or before _____. The Lessee shall have the option to extend this Lease on a month to month basis for a period of _____ commencing on _____, through the _____, to be exercised on payment to Lessor of _____ Dollars ($_____) per month, in advance and being a total consideration for the extended term of _____ Dollars ($_____). 4. Lessee shall have the right to remove shrubbery, trees, brush, and to install and maintai n a fence on the Lease Area during the term of this Lease. Any fence installed by L essee will remain the property of Lessee and will be removed by Lessee prior to the termination of this Lease.5. At the conclusion of Lessee’s operations, Lessee will clean up the Lease Area in a workmanlike manner and remove all materials placed on the Lease Area by Le ssee and restore the Lease Area as nearly as practicable to the same condition as prior to com mencement of its operations, including leveling all ruts, seeding, and removing all debris. Page 2 of 3 6. Lessee agrees to hold harmless and defend Lessor from the claims and demands of all persons arising out of its negligent operations in the Lease Area, during the term(s) of this Lease. 7. Lessee shall have the right to terminate this Lease if Lessor breaches any of i ts provisions and does not cure any claimed breach within _____ days of written notice of the claimed breach.8. Lessor warrants being the owner of the premises of which the Lease Area is a part and has lawful authority to enter into this Lease, and will permit Lessee to enj oy the Lease Area without interference.9. Lessee shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Lease Area, other than fuel and fluids for vehicles, and painting materials, oils, and fluids for equipment and containerized gases (i.e. acetyle ne and oxygen cylinders), necessary for welding activities. The fuels, hydraulic oil, and transmission fluids for equipment shall be stored in a totally enclosed structure with an impervious se condary containment. No equipment maintenance will be performed at the Lease Area. L essee shall not violate any Environmental Law. Lessee shall promptly give Lessor written notice of a ny investigations, claim, or other action by any government or regulatory agency or private party involving the Lease Area and any Hazardous Substance or Environmental Law of which Lessee has actual knowledge. If, whether during or subsequent to the term and any extended term of this Lease, any governmental or regulatory authority determines that any removal or other remediation of any Hazardous Substance affecting the Lease Area is necessary solely as a result of the activities of the Lessee, its agents or invitees, Lessee shall promptly t ake all necessary remedial actions in accordance with Environmental Law, and shall indemnify and hol d Lessor harmless from all costs, expenses, fines, and damages assessed, including Lessor’s reasonable attorneys fees. This provision shall survive termination of this Lease. As used in this Lease, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatil e solvents, materials containing asbestos or formaldehyde, and radioactive materials other than those previously mentioned. As used in this Lease, “Environmental Law” means federal laws a nd laws of the State in which the Property is located that relate to health, safety, or environmental protection. 10. Lessor warrants that, to the best of Lessor’s knowledge: (a) the Lease Area is free of Hazardous Substances; and, (b) there have been no decrees, injunctions, judgments, orders, or writs of an environmental nature relating to the Lease Area, Lessor’s adjacent property or their uses, and there are no lawsuits, claims, proceedings, or investigations of an environmental nat ure relating to the Lease Area, Lessor’s adjacent property, or their uses. If the Lease Are a or any portion of it is rendered untenantable, either as a result of the presence of the Hazardous Substances or its removal, the rent shall be abated in proportion to the area which has been rendered untenantable during that period of untenantability. In addition, if, whether during or subsequent to the term and any extended term of this Lease, any governmental or regulatory authority determines that any removal or other remediation of any Hazardous Substance affecting the Lease Area is necessary as a result of the activities of the L essor, its agents or Page 3 of 3 invitees, Lessor shall promptly take all necessary remedial actions in accordanc e with Environmental Law, and Lessor shall indemnify and hold Lessee harmless from and against al l costs, expenses, fines, and damages assessed including Lessee’s reasonable attorney’s fees, in connection with the presence of any Hazardous Substances existing on the Lease Area pri or to commencement of this Lease, during the Lease Term, if related to Lessor’s ac tivities or the activities of Lessor’s agents or invitees, and after the Lease termination, the l atter subject to Lessee’s obligations, if any. This provision shall survive termination of this Lease. 11. This Lease shall be binding on the respective heirs, successors and assigns of Lessor and Lessee. Lessor Lessee (Acknowledgments) Exhibit “A”: Drawing of Lease Area