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DocuSign Envelope ID: 7CD73A60-3C9D-4785-9DC5-9A381151512D <br />License Fee (or Alternate License Fee, if applicable), and the fee shall be subject to the same <br />adjustments and proration as the License Fee (or Alternate License Fee, if applicable). <br />6.15 Access. Licensee shall have access to the Equipment for non -emergency purposes, <br />between the hours of 7:00 am and 5:00 pm weekdays (excluding holidays), unless a required permit <br />further limits the access hours. Prior to Licensee accessing its Equipment, Licensee shall provide <br />email notice, at least 24 hours in advance, to the Licensor at the following email address: <br />smallcells@santa-ana.org. In the event of an emergency at anytime, Licensee will, if time permits, <br />attempt to provide prior telephonic notice to the Licensor at the following telephone number: (714) <br />647-3380. It is responsibility of Licensee to coordinate its access with other users of the same <br />Municipal Facility. <br />7. INDEMNIFICATION AND WAIVER. Licensee agrees to indemnify, defend, protect, and hold <br />harmless the Licensor, its council members, officers, employees, agents and contractors from and <br />against any and all claims, demands, losses, including pole warranty invalidation, damages, <br />liabilities, lines, charges, penalties, administrative and judicial proceedings and orders, judgments, <br />and all costs and expenses incurred in connection therewith, including reasonable attorney's fees <br />and costs of defense (collectively, the "Losses") to the extent arising from, resulting from or caused <br />by Licensee's activities undertaken pursuant to this Agreement, except to the extent arising from <br />or caused by the negligence or willful misconduct of the Licensor, its council members, officers, <br />employees, agents, or contractors. Licensee's obligation to indemnify and hold harmless excludes <br />only such claim, loss or liability that is due to the sole negligence or willful misconduct of <br />Licensor. <br />7.1 Waiver of Claims. Licensee waives any and all claims, demands, causes of action, <br />and rights it may assert against the Licensor on account of any loss, damage, or injury to any <br />Equipment or any loss or degradation of the Services as a result of any event or occurrence which <br />is beyond the reasonable control of the Licensor. <br />7.2 Waiver of Subrogation. Licensee hereby waives and releases any and all rights <br />of action for negligence against Licensor which may hereafter arise on account of damage to <br />Equipment, Municipal Facilities or to the ROW, resulting from any fire, or other casualty of the <br />kind covered by standard fire insurance policies with extended coverage, regardless of whether or <br />not, or in what amounts, such insurance is now or hereafter carried by the Licensee. This waiver <br />and release shall apply between the parties and they shall also apply to any claims under or through <br />either party as a result of any asserted right of subrogation. All such policies of insurance obtained <br />by Licensee concerning the Municipal Facilities, Equipment or the ROW shall waive the insurer's <br />right of subrogation against the Licensor. <br />7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, <br />or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss <br />of technology, rights or services, incidental, punitive, indirect, special or consequential damages, <br />loss of data, or interruption or loss of use of service, even if advised of the possibility of such <br />damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. <br />S. PERFORMANCE BOND. In order to secure the performance of its obligations under <br />this Agreement, Licensee will provide the following security instrument to the Licensor: <br />Page 14 of 23 <br />25F-44 <br />