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(iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by <br /> LESSOR, unless termination is pursuant to (ii) above or (iii) above as the rzsult of LESSOR'S default. <br /> C Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE tails to <br /> perform any of its obligations pursuam [o this Agreement (including all attached BxhibiulAttachments) after giving <br /> written notice to LESSEE and reasonable time m cure as set forth in Section 29. <br /> 40. MIS LLANEOUS PROVISIONS. <br /> A. Each undersigned represents and warrants thot its signature herein below has dte power, <br /> authority and right to bind their respective parties to each of the terms of this Agreement, mtJ each pany shall <br /> indemnify the other fully, including reasonable costs and uttomey's (ees, for wry injuries or damages incurred in the <br /> event Otat such authority or power is not, in fact, held 6y the signatory or is withdrawn. <br /> B. All C-.xhibiu 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 eyuipment and LESSEE'S <br /> Facilities, except in dues of exigrnt circumstances or emergency situations. <br /> IN WITNESS WFIGREOF, the panics hereto have executed this Agreement the date and year first above written. <br /> ATTEST: CITY OF SANTA ANA <br /> MARIA D. HUI7.AR DAVID N. REAM <br /> Clerk of the Council Ciry Managzr <br /> APPROVED AS TO FORM: <br /> JOSEPH W.FLETCHER <br /> City Attomey <br /> Bv: <br /> LAURA SHEEDY <br /> AssistOm City Attomey <br /> ~ LGSSIIP;: T-MOBILE WEST CORPORATION <br /> By: <br /> Name: <br /> Iis: <br /> Date: <br /> <br /> Sim M: LAJ3875A 10 <br /> Sim Name: Adams Part: <br /> Dale: 09.27/2010 <br /> ~ftCC~A ~f _ <br /> <br />