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approval shall be obtained from LESSOR prior to commencement of any construction,
<br />alterations, modifications or improvements pursuant to Section 9 above, and LESSEE
<br />agrees to submit architectural and engineering drawings ( "Plans ") of the equipment to be
<br />installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities
<br />shall be effected with all reasonable diligence and precaution to avoid damage to the
<br />land, property or personnel. Notwithstanding the foregoing, once the initial
<br />improvements are installed, LESSEE may replace, substitute, upgrade and expand its
<br />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
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<br />Rosita Park
<br />I W. I
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