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repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto <br />regardless of fault (including but not limited to damage caused by vandalism or acts of god not <br />later than three (3) weeks after said damage is reported to LESSEE, except for damage caused by <br />LESSOR. This time period may be extended with written authorization from the City Manager. <br />In the event such authorization is not given and repairs are not made within such three (3) weeks, <br />LESSOR may cause such repairs to be made including malting said repairs and/or hiring a <br />consultant to make said repairs. LESSOR may charge LESSEE for the reasonable cost of said <br />services. Damage to the Premises caused by graffiti shall be removed within ten (10) days after <br />notification of the graffiti to LESSEE by LESSOR. If said graffiti is not removed within the ten <br />(10) day period, City may remove said graffiti and bill LESSEE for the cost of services. <br />C. LESSEE shall pay all personal property taxes assessed directly against its <br />equipment and all increases in LESSOR's real property taxes or assessments directly attributable <br />to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days <br />after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real <br />estate taxes and proof of payment provided that such amounts are in fact due within said sixty <br />(60) day period, LESSEE has the right to challenge any unreasonable tax assessment. <br />d. LESSOR grants LESSEE the right to obtain utilities for the operation of <br />LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all <br />utilities required by LESSEE for its use of the Premises, LESSOR shall cooperate with LESSEE <br />in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, <br />including signing any easement or other instrument reasonably required by the utility company. <br />e. LESSEE shall have the right to replace or repair its equipment or any <br />potion thereof during the Term of this Agreement. LESSEE will maintain the Premises in a <br />good condition, reasonable wear and tear excepted. <br />19. EMERGENCY USE OF SITE, LESSEE shall matte available to the police, fire <br />and emergency services of the City of Santa Ana, space on its communications tower at rno cost <br />to LESSEE or said City entities, provided LESSEE's antenna structure can accommodate <br />LESSOR's proposed equipment, which determination shall be made by LESSEE in its sole but <br />good faith discretion. The City of Santa Ana is responsible for maintaining its own equipment. <br />The space to be made available will not create interference with LESSEE's communications <br />operations. As to any future subleases, their respective installations will be permitted only at <br />such locations that will not cause interference with LESSEE or LESSOR and the City's <br />operations, The City entities will be afforded 24-hour access to its equipment at the Property, <br />City shall be responsible for the cost of any and all damage to the Premises or LESSEE's <br />Facilities to the extent caused by City. In addition, the City will be provided "power backup" by <br />LESSEE, if available at the Premises, <br />20. INTEGRATION. It is agreed and understood that this Agreement contains all <br />agreements, promises and understandings between the LESSOR and LESSEE and that no verbal <br />or oral agreements, promises or understandings shall be binding upon either the LESSOR or <br />LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or <br />modification to this Agreement shall be void and ineffective unless made in writing and signed <br />by the Parties. In the event any provision of the Agreement is found to be invalid or <br />#22948v2 <br />