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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 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event that such authority or power is not, in fact, held by the signatory or is withdrawn.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: CITY OF SANTA ANA <br />MARIA D. HUIZAR DAVID N. REAM <br />Clerk of the Council City Manager <br />APPROVED AS TO FORM: <br />JOSEPH W.FLETCHER <br />City Attorney <br />LAURA SHEEDY <br />Assistant City Attorney <br />LESSEE: T -MOBI EST CO TION <br />By: <br />Name: <br />Its: <br />Christopher Eld <br />Date: <br />Okoctor of R09WM Dw. <br />Z- " ( c, <br />Site #: LA33835A 10 <br />Site Name: Adams Park <br />Date: 04 /27/2010 <br />�q to form <br />Tsnia B. Dao <br />orporate Counsel <br />