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�l l assignment based upon its opinion of the financial and management capability of the proposed assignee. 5.02 Indemnity by Lessee. Any and all claims which may be made by Lessee, or third parties, arising out of or resulting from the condition of the premises and any improvements thereon, or ad or omission an the part of the Lessee, shall be Lessee's obligation. Lessee agrees to indemnify the County and hold harmless from all losses, damages and expenses (including attorney fees) which may arise out of or result from such claims. 5.03 Assessments. The Lessee shall pay all assessments that may be charged against the premises. 5.04 Insolvency of Lessee. If the Lessee becomes insolvent, bankrupt, or has a receiver appointed, the County may cancel this lease at its option. Insolvency as used herein will mean the inability of the Lessee to meet obligations as they come due. SECTION 6 - ACCESS ROADS AND ROAD MAINTENANCE 6.01 Access. Provisions for the use of the existing rights-of-way for access to and including the premises, are as follows: A nonexclusive right to use the existing county road (Hart Road) over and across the location shown on the map marked as Exhibit C attached hereto and by this reference made a part hereof, for the purpose of gaining access to the communication site. 6.02 Road Maintenance. The County shall perform all routine maintenance including snow removal to the communications building, The Lessee shall repair, or cause to be repaired, at its sole cost and expense that damage to said road occasioned by it which is in excess of that which it would cause through normal and prudent usage of said road SECTION 7 - IMPROVEMENTS AND/OR FOff URES 7.01 Unauthorized Improvements. All improvements and/or fixtures made on the premises without the written consent of the County are unauthorized and shag either be removed by the Lessee, removed by the County at the cost of the Lessee, or become the property of the County at the Countys option. The County may, at its discretion, construe any unauthorized improvements and/or fixtures as a default by Lessee and cancel the lease according to the provisions herein. 7.02 -Maintenance and Repair of Imorovemenis. Lessee shall maintain and repair its improvements andfor fixtures at its own cost. The County shall maintain and repair its. improvements and/or fixtures at its own cost 7.03 Removal-pLimprovements. All improvements ancUor fixtures, upon expiration or cancellation of this lease shall become the property of the County. At the County's option, Lessee may be required to remove said improvements andior fixtures at its cost, or the County may remove said improvements and/or fixtures and charge Lessee for its costs. SECTION 8 - MISCELLANEOUS 8.01 No Partnership. The County is not a partner nor a joint venturer with the Lessee in connection with the business carried on under this lease and shall have no obligation with respect to the Lessee's debts or other liabilities. 8.02 Non -Waiver. Waiver by either party of strict performance, or any provisions of this tease, shall not be a waiver of, nor prejudice either party's right to require strict performance of the same provision in the future or of any other provision. 8.03 Attorney Fees and Venue. Each part shall be responsible for its own attorney fees in the event of a dispute arising out of this agreement except as set forth in Sections 5 - 5.02 and 8 - 8.06. Venue for resolving such disputes shall be in Kittitas County Superior Court. LOOKOUT MOUNTAIN LEASE PAGE 3