Item 12 - Ground License Agreement for Wireless Telecommunications Facilities

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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, easements, non -disturbance agreements 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operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or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, 40. MISCELLANEOUS 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any injuries or damages incurred in the event dial such authority or power is not, in fact, held by the signatory or is withdrawn.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 the body of this Agreement. C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written ATTEST: CITY OF SANTA ANA / Gl PATRICIA E. HEALY DAVID N. REA V Clerk of the Council City Manager APPROVED AS TO FORM- IOSEPH W.FLETCHER City Attorney BY:....� . LA Sol] DY -�T— Assistant City Attorney ._/ Approved as to form Tapia 9. ❑ao Corporate Counsel LESSEE: Omnipoint Communications Inc., a subsidiary of T-Mobile USA Inc. By. pli av Printed Name: CHR19TOPHERVLDRIGE Its: Regional Development Director Date: Site No: LA030pt / M Swador Pwk Site Address; 1825 Civic Center Drive West, Santa Ana, CA 92703 Page 10 of 23 Page 38 of 107