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B, Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, casements, non -disturbance agreement-, or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to, or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any suell, approval is canceled, expires or 'is withdrawn or nuntimated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 4,0. M1111111115,Q, . ANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in tile body of this Agreement. C LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facili6us, except in cases ofexigent ,circumstances or emergency situations, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: curt OF SANTA AMA +,lPATRICIA _FHEALY F DAVID N. REAV Clerk of the Council City Manager APPROVED AS TO FORM� JOSEPH W. FLETCHER City Attorney By LAID I��A�IIEEDY Assistant City Attorney APPM104d 111111 to form T) Taei o Corporate Coun$el LESSEE- Orrinipoint Communications Inc., a subsidiary ofT-Mobde USA Inc. By: U-PHER 'LDRfGE- O Printed Name: I Its: Regional Development Director Date: 1, 2, r_ '0 5 Site No: i_AOMOK/ 1,1 5avador Pvk Site Address: 1825 Civic ('.enter Drive WeqL, Sarla Ana, CA 9270.3 Pape 10 of 23 Page 38 of 107 City Council 12-46 3/18/2025