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approval shall be obtained from LESSOR prior to commencement of any construction,
<br /> alterations, modifications or improvements pursuant to Section 9 above, and LESSEE
<br /> agrees to submit architectural and engineering drawings ("Plans") of the equipment to be
<br /> installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities
<br /> shall be effected with all reasonable diligence and precaution to avoid damage to the
<br /> land, property or personnel. Notwithstanding the foregoing, once the initial
<br /> improvements are installed, LESSEE may replace, substitute, upgrade and expand its
<br /> equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of
<br /> repairing or upgrading the communications capabilities of LESSEE's Facilities, with
<br /> notice to LESSOR, so long as the equipment, cables or antennas remain within the
<br /> original physical parameters of the Premises. LESSEE shall not make any substantive
<br /> physical and/or aesthetic changes to the Premises without the prior approval of LESSOR
<br /> which shall not be unreasonably withheld, conditioned or delayed. Any such changes are
<br /> subject to the provisions of Section 13 contained herein below. LESSEE shall be
<br /> responsible for the cost of any and all damage to the Property including but not limited to
<br /> concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at
<br /> its discretion may require LESSEE to repair and or replace said damages or contract for
<br /> said services and bill LESSEE. The cost of said repairs can be subtracted from any
<br /> deposits retained by LESSOR. LESSEE shall have the right to install any warning signs
<br /> on or about the Premises required by federal, state or local law.
<br /> LESSEE'S Facilities shall be constructed and maintained in a manner and with
<br /> materials that are consistent with the approved plans for the project. The materials
<br /> actually used must match up with the proposed materials and artistic renderings.
<br /> LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors,
<br /> subcontractors and assigns with access to the Premises twenty-four (24) hours a day,
<br /> seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it
<br /> has full rights of ingress to and egress from the Premises, and hereby grants such rights to
<br /> LESSEE to the extent required to construct, maintain, install and operate LESSEE'S
<br /> Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole
<br /> expense, maintain all access roadways from the nearest public roadway to the Premises in
<br /> a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in
<br /> cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR
<br /> before any installation, maintenance, replacement or repair is to take place on the
<br /> Premises. In the event that maintenance is required, such as the repainting of LESSEE's
<br /> Facilities, such maintenance must be completed by LESSEE within thirty (30) days.
<br /> 11. INDEMNIFICATION.
<br /> A. LESSEE'S Indemnity. LESSEE shall indemnify, defend and hold
<br /> LESSOR its officers, employees, successors and assigns harmless from and against any
<br /> and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of
<br /> or connected with the negligence or willful misconduct of LESSEE, its officers, agents,
<br /> employees, or contractors except for Claims arising out of (i) the negligence or willful
<br /> misconduct of LESSOR, its officers, agents, employees, successors, assigns, or
<br /> contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or
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<br /> Rosita Park
<br /> 25B-6
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