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~ 1 RMFRCrFNC Y T ISF. OF STTR_ T,RS4FF, shall make available to the nnlice_ fire <br /> 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire <br /> and emergency services of the City of Santa Ana space on its communications tower at no cost to <br /> LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for <br /> maintaining its own equipment. The space to be made available will not create interference with <br /> LESSEE'S communications operations. As to any future subleases, their respective installations <br /> will be permitted only at such locations that will not cause interference with LESSEE or <br /> LESSOR and the City's operations. The City entities will be afforded 24-hour access to its <br /> equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if <br /> available at the Premises. <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 <br /> or oral agreements, promises or understandings shall be binding upon either the LESSOR or <br /> <br /> LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or <br /> <br /> modification to this Agreement shall be void and ineffective unless made in writing and signed <br /> <br /> by the Parties. In the event any provision of the Agreement is found to be invalid or <br /> <br /> unenforceable, such finding shall not affect the validity and enforceability of the remaining <br /> <br /> provisions of this Agreement. The failure of either Party to insist upon strict performance of any <br /> of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement <br /> shall not waive such rights and such Party shall have the right to enforce such rights at any time <br /> and take such action as may be lawful and authorized under this Agreement, either in law or in <br /> equity. <br /> 23. GOVERNING LAW. This Agreement and the performance thereof shall be <br /> governed, interpreted, construed, and regulated by the laws of the State of California, with venue <br /> in Orange County. <br /> 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or <br /> lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, <br /> including appeals, if any. <br /> 25. ASSIGNMENT AND CO-LOCATION. <br /> A. LESSEE will not assign or transfer this Agreement without the prior <br /> written consent of LESSOR, which consent will not be unreasonably withheld, delayed or <br /> conditioned; provided, however, that LESSEE shall have the right to assign its rights under this <br /> Agreement, to any of LESSEE'S (i) partners, parents, subsidiaries, affiliates, or successor legal <br /> entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE'S FCC <br /> authorization for the geographic area in which the Premises are located or of majority of <br /> LESSEE'S network assets in the geographic azea where the Premises are located, or (iii) in <br /> connection with any financing, loan, security interest, pledge, or mortgage of LESSEE'S <br /> property. <br /> B. LESSEE acknowledges and agrees that the City policy is to provide for <br /> co-location on communication tower facilities and will reasonably facilitate any co-location <br /> subject to the conditions outlined in Pazagraph 13 (INTERFERENCE). LESSEE further agrees <br /> that LESSOR shall retain ownership of any further lease rights with respect to space for <br /> additional communication facilities on the Property, other than the Premises which is already <br /> leased to Lessee. Further, regarding co-location/subleasing space on LESSEE'S tower, LESSEE <br /> 25C.~-10 <br /> <br />