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col fidontia3- - <br /> John Burke <br /> Sc?1.iaha:'?k <br /> Dec 23.2015 14 45 <br /> to the mediation process. <br /> 3.10 Interference. <br /> 3.10.1 Lessee shall operate the Lessee Facilities in a manner that will not cause <br /> undue interference,according to generally accepted standards of prudent utility practice,to City or <br /> City's use of the City Property, including the City's energy distribution operations on the City <br /> Property, as well as to other lessees,if any,of the City Property,provided that the installations of <br /> such lessees predate that of the Lessee Facilities. Except as reasonably agreed to by City,Lessee <br /> shall not perform or have performed any tests,construction,installation, operation,maintenance or <br /> repair activities on the City Property or Premises which will likely interfere with City's quiet <br /> enjoyment of the Premises. All operations <br /> see shall be In the ventlint rference occurs,Lessee applicable <br /> agrees <br /> Federal, State and local laws,rules and regulations. <br /> to take all reasonable steps necessary to eliminate such interference promptly. If Lessee cannot <br /> eliminate such interference,City shall have the right to terminate this Agreement pursuant to Section <br /> 3.9.2. <br /> 3.10.2 Lessee acknowledges that this Agreement is subject and subordinate to the <br /> prior and future rights of City to use the City Property,including, without implied limitation, the <br /> Premises,in the exercise of City's powers and in the performance of City's duties. There is reserved <br /> to City the right to construct or reconstruct facilities and appurtenances in,upon,over,under,across <br /> and along the Premises and City Property, and in connection therewith,the right to grant or convey <br /> to others rights and interest to the Premises and City Property;provided such rights and interests do <br /> W not cause unreasonable interference with Lessee's operations. ,Subject to Lessee complying with the <br /> use restrictions in Section 2 and applicable laws and regulations, Lessee shall be afforded quiet <br /> enjoyment of the Premises,per Section 3.10.3. <br /> 3.10.3 City covenants that Lessee may quietly use,occupy and enjoy the Premises <br /> without ejection,hindrance or material interference by City or anyone claiming by,through or under <br /> City, subject to the terms,provisions and conditions of this Agreement. <br /> 3.11 Condemnation. <br /> 3.11.1 Parties'Interests. If the Premises or any part of them are taken for public or <br /> quasi-public purposes by condemnation as a result of any action or proceeding in eminent domain, <br /> or are transferred in lieu of condemnation to any authority entitled to exercise the power of eminent <br /> domain, this article governs City's and Lessee's interests in the award or consideration for the <br /> transfer and the effect of the,taking or transfer on this Agreement. <br /> 3.11.2 Total Taking—Termination. If the entire Premises are taken or so transferred <br /> as described in Section 3.11.1,this Agreement and all of the rights,titles,and interests under it will <br /> cease on the date that title to the Premises or part of them vests in the condemning authority. If the <br /> award of condemnationtproceeds is not allocated as between City and Lessee,the relative values of <br /> { <br /> City of Colton Lease Agreement Execution Copy Page 5 <br /> cor`w„ont,,11 <br /> John:5%.;rke <br /> Socha: ,,( <br /> Dec 23,2015 14:45 <br />