finds out that he's committing copyright infringement inside just to give you an example he's looking at and i'm authorized videos or maybe downloading a that's not part of all laws and that's a lot of if you can't build more specially in the apartment you know i think you're wrong i think your honor is correct i think in order to justify lease germination there would have to be a violation that that's correct your honor because the sand and gravel permit that provided the basis for the mine operator to conduct mining operations on this site require that operator to periodic there is a basis for breach of contract for failing to comply with one point zero one what do you remember my question well as i understood it i've answered it but apparently the core of the question is with the parliament is a breach a material breach of a provision of leach and therefore i'm cancelling the lease for breach you could do that couldn't you yes but that wouldn't that might get rid of the lease but it wouldn't necessarily get the stuff get specific performance by the way going to court and say while on the beach you've put this pile of dirt on the property and that damages us as a land though and you hope claim is that they could maintain that plane while the lease was ongoing yes in fact that's the definition of waste as it's a damage to a reversionary interest to property that's held by someone other than the owner such as wildlife estate  if there has been an unjustified wrongful damage to the property that decreases its market value get that gives an immediate cause of action for waste and that cause of action for w the reversionary interest of the owner and therefore does not depend on the terminations of the wrong i think that was my chair sorry oh i'm sorry much have to come in and while the life of the state while while the person is in possession of life a stray but that doesn't answer the question that if you have a lease if you have a kind of interest that can be terminated whether know the basis of a question well bobsy way boats recognize a circumstance where an independent violation of tort obligations gave a cause of action for a wage for damage to the premises during the course of that's your basic contention that's one of the two basic contentions yes you would say this the second is that fido to be six refers to a claim by a less or in a fair reading of that all of those claims are based on breaches of obligations that are with that exist entirely independent of the lease and therefore they are not caused by the existence rejection or termination oxic waste so they have a gas station there with leaky tanks they can simply go into bankruptcy filing voluntary and get out of all those damages by by forcing combination of the lease i don't think that's correct because of a couple of suit supreme court cases very dealing with i think if you took the language first but for the supreme court case one circle and the hazardous material aspects which are policy reasons that are dead back a few years now i think it's a supreme court case i think it is the supreme court case dealing with  preventive and you know you don't have to worry about all you do have liability because at the end of the least you have to return the property regraded pursuant to the reclamation class so while you're operating you're allowed to stockpile and there's obviously a dispute as to whether you have to remove it even under the critics but leaving that aside because there is a genuine dispute about that issue we were allowed to stockpile a certain specifically instruction t honor for that specific item for failing to spread or remove the stockpile and i take it you disagree with your own an argument that the obligation to remove did not depend on the combination of the leaks you write your obligation to get rid of the stuff only arose once the lease was actually absolutely right there is a small exception for a last operations that allows you for my purchase but yes we because it seems to me it could well so interpret the statute in the light of the legislative history and fact of the cactus phrase not in farms of dollar amounts or in terms of something else but in t one on one is broadly broadly based means any right of pain that has recently submitted by the supreme court so you first get to that which is a claim include any right of payment under basically california law in this case so it includes  obligations under the terms of a lease on commercial property to remove a concrete slab and restore the premises to their previous lease condition arose prior to the trustees rejection a lease and now should be treated as a ministry of expense claim or upon rejection such that the lester's claims for damages are unsecured then it goes on to say ok i know what that's a very long sentence and i have no idea how it helps you what it is in that sense and if you are that that's how often you but if you want you want to tell me all you want just yesterday ok what do you think house here because it dealt with the issue of whether that starts on the expiration rather determination a lease of this term of this least crude including the surrender pursuant to section twenty two a one here and after in section twenty six to eight here and after all government standards and requirements for rehabilitation of premises consistent with the conditions of approval including final grade posed by the orange county environmental management agency and its approval of tentative track map number thirteen three the terminations the term except the same are necessary to complete all toros operations within the term of the least which remain on the deposits every removed no later than four months following the date of terminations all points that were pointed premises to natural contours after removing all of the brewery and all incidental materials products to the premises by wesley very similar language your honor had to do the same think all torah had to return the property all of this stuff you've been removing a vast amount of drink from the property and you have no authority to remove the strength of your you can rule the strand and gravel accordingly we are terminating for the least because you have breached  as what the they want to cap and why and it seems to me that they certainly didn't intend to cap any possible claim you know suppose one of the claims against a lassie with what they were posting obscene terminations elise which we think three source tells you the answer in this is under the facts of this case where unlike those in taking out what was allowed in this case was the conduct that happened that is the stockpile so that's why it's in the least your honor you can argue that when something's not done and that leaves if you do not do something for example removing the concrete or great that's going to be  concrete materials on the property where you're supposed to remove it that's a trust patch that was found by the bath we agree with that by the way we've never disagreed with if you leave something out towards the trespass and we know that so it's a