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<br />40. MISCELLANEOUS PROVISIONS. <br /> <br />A. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, and each <br />party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or <br />damages incurred in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br /> <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br /> <br />C. LESSOR shall not have unsupervised access to LESSEE's equipment and <br />LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. <br /> <br />D. LESSEE shall be per.nilLv,J to trim the trees on the Property to the extent <br />:-:.::::.:ssary for ;h':" o;;eration of LESSEE's Facilities, ,mlvided that (i) any tree trimming wurk :;nall l::~ <br />performed only under the supervision of a licensed ::rborist, (ii) LESSEE notifies LESSOR in writing at <br />least ten (10) days in advance of its intent to trim trees, and the Executive Director of Parks and Recreation <br />or his designee approves in writing any proposed trimming, (iii) LESSEE agrees to trim any additional <br />trees reasonably requested by LESSOR, and (iv) the tree trimming is at LESSEE's sole cost. LESSOR <br />reserves the right to reasonably deny any request to trim trees, <br /> <br />E. LESSOR acknowledges that LESSEE may enter into financing arrangements <br />including promissory notes and financial and security agreements for the financing of LESSEE's Facilities <br />(the "Collateral") with a third party financing entity and may in the future enter into additional financing <br />arrangcments with other financing entities. In connection therewith, LESSOR (i) consents to the <br />installation of the Collateral to the extent that the Collateral is part of the approved LESSEE's Facilities; <br />(ii) disclaims any interest in the Collateral, as fixtures or otherwise, whether arising at law or otherwise, <br />including. but not limited to any statutory landlord's lien; and (iii) agrees that the Collateral shall be exempt <br />from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that <br />such Collateral may be removed at any time without recourse to legal proceedings, <br /> <br />Site No: LA2825A <br />Site Address: 2302 % Raitt Street, Santa Ana, CA 92704 <br /> <br />Page 11 of24 <br />