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retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required
<br /> by federal,state or local law.
<br /> LESSEE's Facilities shall be constructed and maintained hi a manner and with materials that are consistent
<br /> with the approved plans for the project. The materials actually used must match up with the proposed materials and
<br /> artistic renderings. LESSOR shall provide LESSEE,LESSEE's employees,agents,contractors,subcontractors and
<br /> assigns with access to the Premises twenty-four(24)hours a day,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 from the Premises,and hereby grants
<br /> such rights to LESSEE 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 Premises 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 replacement of missing branches or the repainting of LESSEE's Facilities,such maintenance
<br /> must be completed by LESSEE within thirty(30)days.
<br /> 11. INDEMNIFICATION.
<br /> A. LESSEE'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 Premises 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 willful misconduct
<br /> of LESSOR,its officers,agents,employees,successors,assigns,or contractors;(ii)violation of law by LESSOR,its
<br /> officers, agents, employees, or contractors; (iii)the breach of any duty or obligation by LESSOR under this
<br /> Agreement;or(iv)any condition relating to the Premises 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, successors and assigns harmless from and against any and all loss, cost, claim, liability
<br /> ("Claims")occurring on the Premises and arising out of or connected with the negligence or willful misconduct of
<br /> LESSOR,its officers;agents,employees,or contractors,including,but not limited to City Business as defined in
<br /> Section 17 below,except for Claims arising out of(i)the negligence or willful misconduct of LESSEE,its officers,
<br /> agents,employees,or contractors; violation of law by LESSEE,its officers,agents,employees,or contractors;
<br /> (iii)the breach of any duty or obligation by LESSEE 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 has any
<br /> employees it is required to be insured against liability for worker's compensation or to undertake self-insurance.
<br /> Prior to commencing performance of this Agreement,LESSEE agrees to obtain and maintain employer's liability
<br /> insurance with limits not less than $1,000,000 per accident. If LESSEE his 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 sole cost,a policy or policies of commercial general liability
<br /> insurance,or equivalent form,with a combined single limit of not less than S 1,000,000 per occurrence.
<br /> Such insurance shall: (I)name LESSOR, its officers, agents, representatives,employees and
<br /> volunteers as additional insureds(see sample Exhibit C);(2)be primary with respect to insurance or self-insurance
<br /> programs maintained by LESSOR;(3)contain standard separation of insured's provisions;and(4)give to LESSOR
<br /> prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder.
<br /> LESSEE shall. (a)prior to exercising any right under this Agreement,Famish properly executed
<br /> certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages
<br /> required above;(b)provide that such insurance shall not have its required limits reduced or terminated except on
<br /> thirty (30)days prior written notice to LESSOR; (c)maintain such Insurance for the period covered by this
<br /> Agreement;and(d)replace such certificates for policies expiring prior to the expiration of this Agreement.
<br /> 13. INTERFERENCE LESSEE's Facilities shall not disturb the communications configurations,
<br /> equipment,and frequency,which exist on the Property on the date this Agreement is fully executed("Pre-Existing
<br /> Site O: LA03010A 3
<br /> Site Na,nc:TMO 10/ironic Park
<br /> Markel: California
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