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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event that such authority or power is not, in fact, held by the signatory or is withdrawn.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 />Laura Sheedy <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />LESSEE: Omnipoint Communications Inc., a subsidiary of <br />T-Mobile USA, Inc. a Delaware corporation <br />By: <br />Printed Name: David Gallacher <br />Its: Vice President <br />Date: <br />Site #: LA13160A 10 <br />Site Name: Carl Thorton Park <br />Date: 3/20/2009 2 5A-14 <br />