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equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of
<br />repairing or upgrading the communications capabilities of LESSEE'S Facilities, with
<br />notice to LESSOR, so long as the equipment, cables or antennas remain within the
<br />original physical parameters of the Premises. LESSEE shall not make any substantive
<br />physical and/or aesthetic changes to the Premises without the prior approval of LESSOR
<br />which shall not be unreasonably withheld, conditioned or delayed. Any such changes are
<br />subject to the provisions of Section 13 contained herein below. LESSEE shall be
<br />responsible for the cost of any and all damage to the Property including but not limited to
<br />concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at
<br />its discretion may require LESSEE to repair and or replace said damages or contract for
<br />said services and bill LESSEE. The cost of said repairs can be subtracted from any
<br />deposits retained by LESSOR. LESSEE shall have the right to install any warning signs
<br />on or about the Premises required by federal, state or local law.
<br />LESSEE'S Facilities shall be constructed and maintained in a manner and with
<br />materials that are consistent with the approved plans for the project. The materials
<br />actually used must match up with the proposed materials and artistic renderings.
<br />LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors,
<br />subcontractors and assigns with access to the Premises twenty-four (24) hours a day,
<br />seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it
<br />has full rights of ingress to and egress from the Premises, and hereby grants such rights to
<br />LESSEE to the extent required to construct, maintain, install and operate LESSEE'S
<br />Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole
<br />expense, maintain all access roadways from the nearest public roadway to the Premises in
<br />a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in
<br />cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR
<br />before any installation, maintenance, replacement or repair is to take place on the
<br />Premises. In the event that maintenance is required, such as the repainting of LESSEE's
<br />Facilities, such maintenance must be completed by LESSEE within thirty (30) days.
<br />11. INDEMNIFICATION.
<br />A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold
<br />LESSOR its officers, employees, successors and assigns harmless from and against any
<br />and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of
<br />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
<br />misconduct of LESSOR, its officers, agents, employees, successors, assigns, or
<br />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 Agreement;
<br />or (iv) any condition relating to the Premises which LESSEE has no obligation to repair
<br />or maintain.
<br />B. LESSOR'S Indemnity. LESSOR shall indemnify, defend and
<br />hold LESSEE, its officers, employees, successors and assigns harmless from and against
<br />any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising
<br />out of or connected with the negligence or willful misconduct of LESSOR, its officers,
<br />25G-10
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