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<br />12.
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<br />INDEMNIFICATION.
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<br />A. Lessee's Indemnity. LESSEE shall indenmify, defend and hold LESSOR its officers, employees,
<br />successors and assigns harmless ITom and against any and all loss, cost, claim, liability ("Claims") occurring on the
<br />Premises and arising out of 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 misconduct of LESSOR, its
<br />officers, agents, employees, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or
<br />contractors; (iii) the breach of any duty or obligation by LESSOR under this Lease; or (iv) any condition relating to the
<br />Premises which LESSEE has no obligation to repair or maintain.
<br />
<br />B. Lessor's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers,
<br />employees, successors and assigns harmless ITom and against any and all loss, cost, claim, liability ("Claims") occurring
<br />on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers,
<br />agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSEE,
<br />its officers, agents, employees, or contractors; (ii) yjolation of law by LESSEE, its officers, agents, employees, or
<br />contractors; (iii) the breach of any duty or obligation by LESSEE under this Lease; or (iv) any condition relating to the
<br />Premises which LESSOR has no obligation to repair or maintain.
<br />
<br />13.
<br />
<br />INSURANCE.
<br />
<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 has no employees, nor workers'
<br />compensation coverage, it must execute a Declaration available from the City, and update as is necessary.
<br />
<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 $1,000,000 per occurrence.
<br />
<br />Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives,
<br />employees and volunteers as additional insureds (see sample Exhibit "C"); (2) be primary with respect to insurance
<br />or self-insurance programs maintained by the City; (3) contain standard separation of insureds provisions; and (4)
<br />give to City prompt and timely notice of claim made or suit instituted arising out of Lessee's operations hereunder.
<br />
<br />c. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly
<br />executed certificates of insurance and additional insured endorsement to the City which shall clearly evidence all
<br />coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30
<br />days prior written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d)
<br />replace such certificates for policies expiring prior to the expiration of this Agreement.
<br />
<br />14. INTERFERENCE. LESSEE's facilities shall not disturb the communications configurations,
<br />eqtripment, and fi'equency which exist on the Property on the date this Lease is fully executed ("Pre- Existing
<br />Communications") and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications
<br />Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way which
<br />interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE
<br />may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party
<br />causing any alleged interference. Notwithstanding the foregoing, Pre-Existing Communications operating in the same
<br />manner as on the date this Lease is fully executed shall not be deemed interference. LESSOR shall require any future
<br />tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio
<br />communications facilities to comply with the provisions of this Section.
<br />
<br />15. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within
<br />ninety (90) days, remove all of LESSEE's fixtutes and all personal property and otherwise restore the Premises
<br />substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. All
<br />fixtures as well as underground condtrits and foundations may remain at LESSOR's option. LESSOR agrees and
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