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to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days <br />after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real <br />estate taxes and proof of payment provided that such amounts are in fact due within the said <br />sixty (60) -day period. LESSEE has the right to challenge any unreasonable tax assessment. <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 <br />utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE <br />in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, <br />including signing any easement or other instrument reasonably required by the utility company. <br />E. LESSEE shall have the right to replace or repair its equipment or any <br />portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a <br />good condition, reasonable wear and tear excepted. <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 />LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or <br />modification to this Agreement shall be void and ineffective unless made in writing and signed <br />by the Parties. In the event any provision of the Agreement is found to be invalid or <br />unenforceable, such finding shall not affect the validity and enforceability of the remaining <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 />