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Landlord against liability. In addition to, and not as a limitation of Landlord's other rights and remedies under this
<br />Agreement, should T-Mobile fail, within ten (10) days of written request from Landlord, either to discharge any Lien
<br />or to bond for any Lien, or to defend, indemnify, and hold harmless Landlord from and against any loss, damage,
<br />injury, liability or claim arising out of a Lien, the Landlord, at its option, may elect to pay such Lien, or settle or
<br />discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in
<br />doing so shall be paid to Landlord, as applicable, by T-Mobile upon written demand.
<br />(f) T-Mobile shall not have any interest in the Property or be entitled to any reimbursement or repayment
<br />for any work performed upon the Property pursuant to this Agreement.
<br />4. Indemnity. T-Mobile hereby agrees to defend, indemnify and hold Landlord and its officers, employees, agents
<br />and representative, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense
<br />(including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from
<br />or attributable to the negligent activities of T-Mobile or any of its employees, agents, consultants or contractors upon
<br />the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and
<br />expense of T-Mobile.
<br />5. Notices to each party shall be in writing. Notices to Landlord shall be to Landlord's address. Notices to T-Mobile
<br />West Corporation, 3 MacArthur Place, #1100, Santa Ana, CA 92707. Attn: Property Management.
<br />6. Faxed Si nature. The parties agree that a faxed copy of the Agreement with a proper signature is acceptable and
<br />shall have the same binding effect as the original signed Agreement.
<br />IN WITNESS WHEREOF, the parties have executed this Temporary Utility Agreement on the date set forth below.
<br />Landlord: Cit o~Sant a, a barter city. T-Mobile: T-Mobile West Co oration
<br />BY ,- B
<br />Name: DAVID N. REAM, ity Manager Name: j . ,~,, ~ i~,,,,:,, , ,..,
<br />Title: Landlord Title: Director of ngineerin & O erations
<br />Date: Date: %©~ ~ U
<br />ATTEST
<br />r
<br />Maria D. Huizar, Clerk-af`~the Council
<br />Approved as to Form:
<br />Laura Sheedy
<br />Assistant City Attorney
<br />Recommended for Approval
<br />~j~'y~~
<br />/~ °
<br />Gerardo Mouet ~
<br />Executive Director - PRCS
<br />Approved as to form
<br />~~
<br />Name: 7,~J t~4 7 ~
<br />c~ ~~R/o%~(%t G~ JN S mac-,
<br />
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