Item 12 - Ground License Agreement for Wireless Telecommunications Facilities

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own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LICENSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE's Facilities on the Premises. A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE's Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven (7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs. LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services. B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises. LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted. 23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate LICENSOR's proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement ("Tower License Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities Page 12 of 107