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<br />health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National <br />Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained <br />herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and <br />against all claims of personal injuries due to violation of MPE to the extent such personal injuries are <br />actually caused by LESSEE's Facilities on the Premises. <br /> <br />B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the <br />Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or <br />replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including <br />but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage <br />is reported to LESSEE, except for damage cause by LESSOR, its employees, agents, contractors or <br />volunteers, This time period may be extended with written authorization from the Executive Director of <br />Parks and Recreation. In the event such authorization is not given and repairs are not made in one week, <br />LESSOR may cause such repairs to be made including making said repairs and/or hiring a contractor to <br />make said repairs. LESSOR may charge LESSEE for the cost of said ser,'ices. Damage caused by graffiti <br />skll be remand within forty-eight (4)<) hours notification to LESSEE h:., LESSOR. If said graffiti is not <br />removed within the 48-hour period, City may remove said graffiti and bill L".SSEE for the cost of services. <br /> <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 to <br />installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt <br />of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof <br />of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has <br />the right to challenge any unreasonable tax assessment. <br /> <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 utilities <br />required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its :fforts to <br />obtain utilities from any location provided by LESSOR or the servicing utility, including signing any <br />easement or other instrument reasonably required by the utility company. <br /> <br />E. LESSEE shall have the right to replace or repair its equipment or any portion <br />thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, <br />reasonable wear and tear excepted. <br /> <br />21. INTENTIONALLY DELETED <br /> <br />22. 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 or oral <br />agreements, promises or unden;tandings shall be binding upon either the LESSOR or LESSEE in any <br />dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement <br />shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of <br />the Agreement is 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 insist upon <br />strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under <br />the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any <br />time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. <br /> <br />23. 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 Orange County. <br /> <br />24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit <br />arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if <br />any, <br /> <br />25. ASSIGNMENT. <br /> <br />Site No: LA2825A <br />Site Address: 2302 % Raitt Street, Santa Ana, CA 92704 <br /> <br />Page 6 of 24 <br />