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21. LESSOR USE OF SITE. LESSE[ shall make available to the police, fire and emergency services
<br /> of the City of Santa Ana space on its communications tower at no cost [o LESSEE ar said entities, subject to
<br /> structural analysis. In addition, if the communicatons tower is a 6a11 field light standard design, then light bulbs
<br /> installed on LESSEE'S tower will be owned and maintained by the Parks Department of the City of Santa Ana. The
<br /> City of Santa Ana is responsible for maintaining its own equipment The space to be made available will not create
<br /> interference with LESSEE'S communications operations- As to any future subleases, their respective install¢lioru
<br /> will be ptmtitled only at such locations [hat will not cause interference with LESSEE or LESSOR and the City's
<br /> optrations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City
<br /> will bt provided "power backup' by LESSEE, i(avail¢ble at the Premises.
<br /> 22. IN"[EGRATI_O_N. his agrxd and undersloud that this Agreement contains all agreements,
<br /> promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or
<br /> understandings shall he binding upon either the LESSOR or LESSEE in any dispme, controversy or proceeding at
<br /> law, and any addition, varimion or modification to this Agreement shall be void and ine lfective unless made in
<br /> writing and signed by the Panics. In the even any provision of the Agreement is found [o be invalid or
<br /> unenforceable, such finding shall not a6'ec[ the volidity and enforceability of the remaining provisions oY' this
<br />
<br /> - Agreement The failure of either Party to insist upon strict performance of any of the terms or conditions ul'this
<br /> Agreement or to exercise any o(its rights under the Agreement shall not waive such rights and such PatTy shall have
<br /> the right to enforce such rights at any time and [eke such action as may be lawful and au[hmrizcJ under this
<br /> Agreement, either in law or in equity.
<br /> 23. GOVERNING LAW. This Agreement and the performance thereof' shall be governed,
<br /> imcrprcttd, construed, and regulated by the laws of the State uI California, with vrnue in Orange County.
<br /> 24. AT TTORNI,Y S'. FEES. The substantially prevailing party in any legal action or lawsuit arising
<br /> hereunder shall bt entitled to its reasonable auomeys' fees and court cosu, including appeals, if any.
<br /> 25. ASSIGNMENT AND CO-LOCATION.
<br /> A. LESSEE will not assign or vansfcr this Agrtcmznt without the prior written consent of
<br /> Lf;SSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, th¢t
<br /> LESSEE shall have the right to assign its rights under this Agreement to wq of LF.SSEE's (i) partners, parents,
<br /> subsidiaries, affiliates, or successor legal entities, (ii) in connection with the salt, exchange, or other transfer of
<br /> LESSEE'S FCC aulhoriration for the geographic area in which the Premses are located or of majority of LESSEE'S
<br /> network assets in the geographic area where the Premises are located, or (iii) in connection wish any financing, loan,
<br /> security interest pledge, or mortgage of LESSEE'S property.
<br /> B. LESSEE, acknowledges and agrees Thal the City policy is to provide for co-location on
<br /> communication tower facilities and will reasonably facilitate any co-location subject m the conditions outlined in
<br /> Paragraph 13 (INTERFERENCE). LESSEE further agrees the[ LESSOR shell retain ownership of any FuNter Icuse
<br /> rights with respect to spate for additional communication facilities on the Property, other than the Premises which is
<br /> already leased to Lessee. Further, regarding co-location/subltasing space on LESSEE'S tower, LESSEE shall enter
<br /> into a Tower Lease Agreement or sublease, subjec[ to all permits and approvals From all governmental agencies
<br /> having jurisdiction thereover, with a future tower co-locatiom user, subject to LESSOR receiving a portion of the
<br /> tower trot that is mutually agreed upon by both LESSOR and LESSEE. LESSEI: shall provide for LGSSOR's
<br /> consem on any Tower Least Agreement, ur sublease anJ affidavits stating the sublensc rent Tftc P.uty's intent in
<br /> allowing LESSEE to collect rent is to provide a means by which LESSEE con recoup tts cost of construction end
<br /> maintenance of said lower facilities on a pro-rata basis with subsequent users. The Panics intend that LESSOR, and
<br /> not LESSEE, should benefit firwncially, from any luture rower co-location agreement Any future eerier or co-
<br /> loca~or shall enter into a separate ground Icase egrecmnnt with the City.
<br /> 2(i. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by
<br /> certified mail, return nroeipt requested or by commercial courier, provided the courier's regular business is deliveq~
<br /> service and provided Ponher that it guarantees delivery w the addressee by the end of the next business day
<br /> following the courier's receipt (torn the sender, addressed as follows (or any other address that the Patty to be
<br /> notified may have designated to the sender by like notice):
<br /> Site p: LA37a35A fi
<br /> Sire Name: Adumx Pork
<br /> Dare: W/~7l°010
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