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13, 'Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if(1)LESSEE does not obtain all permits, Consents,easements,non-disturbance agreements or other approvals(collectively"approval")reasonably desired by LESSEE or required ttam any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities,or ifany such approval is canceled,expires or Is withdrawn or terminated without any fault of LESSEE, or(it)LESSOR falls to have proper ownership of the Premises or the authority to enter into this Agreement,or (III)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 Tent shall be retained by LESSOR,unless termination is pursuant to(ii)above or(iii)above as the result of LESSOP's default. C. Terminnflon by LESSOR: LESSOR may terminato this Agreement if LESSEE falls to perfUrm any of its ohligations pursuant to this Agreement(including all atfaobod Exhibits/Attachments)after giving written notice to LESSEE and reasonable time to cure.as set forth in Section 29, Au. MINCELLANBOUS 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 attoraey'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any injuries or damages incurred in the event that such authority or power Is not,in fact,held by the signatory or is withdrawn.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 the body of this Agreeinenl. C, LESSOR shall not have unsupervised access to LESSEE'S equipment and LESStiE's FaOlilics,oxvept in cases of exigent eircumstances or emergency situations. IN WITNESS WIIEItEQF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA �1 PATRWIA 9,HEALY Q DAVID N.REA Clerk of the Council City Manager APPROVED AS TO FORM-. JOSEPH W.FLL-rCHER City Attorney By: LAL] SIA 1EE11Y -- LESSEE: Assistant City Attorney . Omnipoint Communications Inc., a subsidiary off-Mobile USA Inc. Approvw is to n'erm By; Toni$B.0$e Printed Nerve. CHILI OPHF ;LDRICII3 Corporate Counsel Its: Rcglonil Development Director I)ato: —f-� '05 Siae h'n: I.A03009C JEI Savndor Pwk Pae 10 of 23 Sib Address: 1825 Civic Cenlcr uric Wesi,Saran Ann,CA 92703 Page 38 of 107