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B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of <br /> LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing <br /> entities for any and all utilities required by LICENSEE for its use of the Premises. <br /> LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from <br /> any location provided by LICENSOR or the servicing utility, including signing <br /> any easement or other instrument reasonably required by the utility company. <br /> C. LICENSEE shall have the right to replace or repair its equipment or any portion <br /> thereof during the term of this Agreement. LICENSEE shall maintain the <br /> Premises in a good condition, reasonable wear and tear excepted. <br /> 23.EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and <br /> emergency services of the City of Santa Ana space on its communications tower at no cost to <br /> LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna <br /> structure and license area can accommodate LICENSOR's proposed equipment and space is <br /> available, which determination shall be made by LICENSEE in its reasonable and good faith <br /> discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, <br /> LICENSOR shall negotiate, in good faith, a tower license agreement("Tower License <br /> Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that <br /> time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities <br /> without paying the Basic Monthly Consideration as defined in the Tower License <br /> Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The <br /> space to be made available will not create interference with LICENSEE's communications <br /> operations. As to any future colocations, their respective installations will be permitted only <br /> at such locations that will not cause interference with LICENSEE or LICENSOR and the <br /> City of Santa Ana's operations. The City entities will be afforded 24-hour access to its <br /> equipment at the Property. In addition,the City will be provided "power backup" by <br /> LICENSEE, if available at the Premises. <br /> 24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain <br /> all agreements, promises and understandings between LICENSOR and LICENSEE and that <br /> no verbal or oral agreements,promises or understandings shall be binding upon either <br /> LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any <br /> addition, variation or modification to this Agreement shall be void and ineffective unless <br /> made in writing and signed by the Parties. In the event any provision of the Agreement is <br /> found to be invalid or unenforceable, such finding shall not affect the validity and <br /> enforceability of the remaining provisions of this Agreement. The failure of either Party to <br /> insist upon strict performance of any of the terms or conditions of this Agreement or to <br /> exercise any of its rights under the Agreement shall not waive such rights and such Party <br /> shall have the right to enforce such rights at any time and take such action as may be lawful <br /> and authorized under this Agreement, either in law or in equity. <br /> 25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, <br /> interpreted, construed, and regulated by the laws of the State of California,with venue in <br /> Orange County. <br /> Page 12 of 67 <br />