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24. ATTORNEYS' FEES. The substantially prevailing patty in any legal action or lawsuit <br />arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if <br />any. <br />25. ASSIGNMENT. <br />A. LESSEE will not assign or transfer this Agreement or sublet any portion of the <br />Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, <br />delayed or conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights <br />to LESSEE'S communications facilities under this Agreement to any of LESSEE's (i) partners, parents, <br />subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other <br />transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of <br />majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in <br />connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. <br />B. LESSEE acknowledges and agrees that the City policy is to provide for co- <br />location of communication tower facilities. LESSEE further agrees that LESSOR, and not LESSEE, shall <br />retain ownership of any further lease rights with respect to co-location of communication facilities on the <br />Property. Further LESSOR shall retain the authority and absolute right to enter into a LEASE <br />AGREEMENT with a second mobile/wireless communications provider (LESSEE 2) to utilize the <br />facilities, subject to such use not interfering with LESSEE's use thereof as provided for in this Agreement. <br />The subsequent Lease Agreement shall include a provision that LESSEE 2 will reimburse LESSEE for the <br />additional costs incurred by LESSEE in constructing communications facilities utilized by LESSEE 2 in <br />conjunction with the Premises. <br />26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if <br />sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular <br />business is delivery service and provided further that it guarantees delivery to the addressee by the end of <br />the next business day following the courier's receipt from the sender, addressed as follows (or any other <br />address that the Party to be notified may have designated to the sender by like notice): <br />LESSOR: City of Santa Ana <br />Executive Director <br />Parks, Rec. & Community Services (M-23) <br />888 W. Santa Ana Blvd. <br />Santa Ana, CA 92702 <br />Courtesy City of Santa Ana - Office of the City Attorney <br />Copy to 20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />LESSEE: Royal Street Communications, LLC <br />2913 El Camino Real 4561 <br />Tustin, CA 92782 <br />Attn: Property Manager <br />Telephone: 714-730-3100 <br />Facsimile: 714-730-3200 <br />Copy to: Royal Street Communications, LLC <br />7557 Rambler Road, Suite 700 <br />Dallas, TX 75231 <br />Attn: Property Manager <br />Site No: LA0623B Page 7 of 24 <br />Site Address: 1528 South Standard Avenue, Santa Ana, CA 92707 <br />Execution Copy