NEXTEL OF CALIFORNIA ,INC. 1 - 2004

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Director of Parks and Recreation. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge the LESSEE for the cost of said services. Damage caused by graffiti shall be removed within 48 hours notification to the LESSEE by the LESSOR. If said graffiti is not removed within the 48 hour period, City may remove said graffiti and bill LESSEE for the cost of services. c. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment. Landlord acknowledges thaI: (i) the Tenant Facilities are deemed personal property and (ii) Tenant pays all personal property taxes on the Tenant Facilities directly to the State of California. In the event Landlord's real property taxes on the Property are increased as a direct result of the presence of the Tenant Facilities thereon, Tenant shall reimburse Landlord for such increase, provided that Landlord cooperates with Tenant, at Tenant's sole cost and expense, in filing an appeal against such increase. Landlord shall not be entitled to any additional consideration for giving its cooperation. Additionally, Tenant shall be entitled to keep all amounts recovered fi'om such appeal. d. LESSOR grants LESSEE the right to obtain utilities for the operation of its Facility. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities fi'om any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. e. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such fmding shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. be governed, 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT. LESSEE will not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights under this Agreement to any of its subsidiaries, affiliates, or successor legal entities, or to any entity acquiring substantially all of the assets of LESSEE, evidence of such acquisition to be provided to LESSOR by LESSEE. This agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, LESSEE may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent it interest in this Agreement to any fmancial entity, or agent on behalf of any fInancing entity to whom LESSEE (i) has obligations for borrowing money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentutes, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guarantees thereof. CA7007D Lease 8-11-04 tgrg fJv(V Ø't 6