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7/29/02LB and assigns, shall indemriify LESSOR firm and against all claims of personal injuries due to EMF's to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises, B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated by reason of the default or neglect of LESSEE, its employees, agents, contractors and subcontractgrs. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of its Facility, LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Promises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. :s E. LESSEE shall have the right to replace or repair its equipment or any portion thoreof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted, 21. EMERGFNCY USE OF SITE. LESSEE shad make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no oostto LESSEE or said entities. The space to be made available will not create interference with LESSEE's communications operations, As to any futmo sublessees, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24 hour access to Its equipment at the Property To addition, the City will be provided "power backup" by LESSIM, if available at the Promises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE mid that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and arty addition, variation or modification to this Agreement shall be void and Ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be Invalid or unenforceable, such finding shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terns or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized wider this Agreement, either in law or Ih equity. 23, GOVERNING LAW. This Agreement and tile" jiarformtmce thereof shall be governed, interpreted, construed, and regulated by the laws of the State of C"rnik with venue in Orange County. 24. ATTORNEYS' PEES. The snbstantialiy prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT, LESSEE will not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights under this Agreement to any of its subsidiaries, affiliates, or successor legal entities, or to any entity acquiring substantially all of the assets of LESSEE, evidence of such acquisition to be provided to LESSORby LESSEE, 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courler, provided tire courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day