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antennas remain within the original physical parameters of the Premises. LESSEE shall not make any submantive <br /> physical and/or aesthetic changes to the Promises without the prior approval of LESSOR which shall not be <br /> unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 <br /> contained herein below. LUSSRE shall be responsible for the cost of any and all damage 10 the property Including <br /> but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its <br /> discretion may require LESSEE to repair and or roplace said damages or contract for said services and bill LESSEE. <br /> Vie cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE,shall have the right to <br /> install any warning signs.on or about the Premises required by federal,state or local law. <br /> LESSEE's Facilities shall be constructed and maintained in a tnannor and with materials that arc consistent <br /> with the approved plans for the project. The materials actually used must match up with the proposed materials and <br /> artistic roaderings. LESSOR.shall provide LESSEE,LESSEE's employees,agents,contractors,subcontractors and <br /> assigns with access to the Premises twenty-four(24)hours a clay,seven(7)days a week,at no charge to LESSEE. <br /> LESSOR represents and warrants that it has full rights of ingress to and egress fmm the Premises,and hereby grants <br /> such rights to LESSE13 to the extent required to construct,maintain,install and operate LESSEE's Facilities on the <br /> Premises,and to remove them therefrom, LESSOR shall,at its sole expense,maintain all access roadways from the <br /> nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Promises by <br /> LESSOR. Except in cases of emergency,LESSEE agrees to provide twenty-four hours notice to LESSOR before <br /> any installation,maintenance,replacement or repair is to take place on the Premises. In the event that maintenance <br /> is required,such as the repainting of LESSEE's Facilities,such maintenance must be completed by LESSEE within <br /> thirty(30)days. <br /> 11. INDEM1EKA tom. <br /> A. I,ESSEF.'s Indemnity. LESSEE shall indemnify,defend and hold LESSOR its officers, <br /> employees,successors and assigns harmless from and against any and all loss, cost, claim, liability("Claims") <br /> occurring on the Promises.and arising out of or connected with the negligence or willful misconduct of LESSEE,its <br /> officers,agents,employees,or contractors except for Claims arising out of(i)the negligence or w.illf►il misconduct <br /> of LESSOR,its officers,agents,employees,successors,assigns,.or contractors;(ii)violation of late by LESSOR,its <br /> officers, agents, employees, or contractors; (fit)the breach of any duty or obligation by LESSOR under this <br /> Agreement;or(iv)any condition relating to the Promises which LESSEE has no obligation to repair or maintain. <br /> B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its <br /> officers, employees, saccesgors and assigns harmless fran and against any and all less, cost, claim, liability <br /> ("Claims")occurring on the Premises and arising,out of or connected with the negligencc or willful misconduct of <br /> LESSOR,its officers,agents,eruploym,or contractors,including,but not limited to City Business as defined In <br /> Section 17 below,except for Claims arising out ar(i)the negligence or willful misconduct of LBSSHE,its officers, <br /> agents,employees,or contractors;(ii)violation of law by LESSEE,its officers,agents,employees.,or contractors; <br /> (ii€)the breach of any duty or obligation by LFSSEE under this.Agreement;or(Iv)any condition relating to the <br /> Premises which LESSOR has no obligation to repair or maintain. <br /> 12. INSURANCE. <br /> A. In accordance with the provisions of Section 3300 of the Labor Code,if LESSEE hag any <br /> employees.it is required to he insured against liability for worker's compensation or to uadcrlake self-insurance. <br /> Prior to commencing performance of this Agreement,LESSEE agrees to obtain anti maintain cmploycr's liability <br /> Insurance with limits not less than $1,000,000 per accident, If LESSEE has no employees, nor workers' <br /> compensation coverage,it must execute a Declaration available from LESSOR,and update as is necessary. <br /> B. LESSEE shall obtain,at Its—wic cost,a.polity or policies of commercial general liability <br /> insurance,or equivalent form,with a combined single.limit of not Less than$1,000,000 per occurrence. <br /> Such insurance shall. (1)name LESSOR, its officers, agents, representatives, employees and <br /> volunteers as additional insureds{see sample Exhibit L;);(2)be.primary with respect to Insurance or sett insurance <br /> programs maintained by LESSOR,except claims resulting frorir LESSOR's negligence or misconduct;(3)contain <br /> standard separation of insured's provisions;and(4)give to LESSOR prompt and timely notice of claim made or suit <br /> Instituted arising oot of LESSEE'S operations hereunder. <br /> SitoNq. LAa3009C11331$aYadorPark Pege3❑r23 <br /> lkc Addrosr: U25 Ovir.Canter chive West,5nnrn Ana,CA 92703 <br /> Page 31 of 107 <br />