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(iii)for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to <br />LESSOR, or (iv) upon six (6) months written notice to LESSOR that the Property or LESSEE's Facilities are, or <br />have become, unacceptable under LESSEE'S design or engineering specifications for LESSEE'S Facilities or the <br />communications system to which LESSEE'S Facilities belong, or (v) LESSOR fails to cure a default pursuant to <br />Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) <br />above or (v) above as the result of LESSOR'S default. <br />C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to <br />perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving <br />written notice to LESSEE and reasonable time to cure as set forth in Section 29. <br />40. MISCELLANEOUS PROVISIONS. <br />A. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall <br />indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the <br />event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />C. LESSOR shall not have unsupervised access to LESSEE'S equipment and LESSEE'S <br />Facilities, except in cases of exigent circumstances or emergency situations. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. <br />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W.FLETCHER <br />City Attorney <br />By: <br />LAURASHEEDY <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />LESSEE: OMNIPOINT COMMUNICATIONS INC., <br />a subsidiary of T-Mobile USA, Inc., a Delaware corporation <br />By: <br />Printed Name: <br />Its: <br />Date: <br />David Gallacher <br />Vice President <br />Site#: LA02899C ~p <br />Site Name: SC450 Fire Station <br />Market California <br />25L-12 <br />