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40. MISCELLANEOUS PROVISIONS. <br />A. Each undersigned represents and warrants that its signature herein below <br />has the power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and each parry shall indemnify the other fully, including reasonable costs and <br />attorney's fees, for any injuries or damages incurred in the event that such authority or power is <br />not, in fact, held by the signatory or is withdrawn. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as <br />if fully set forth in the body of this Agreement. <br />C. LESSOR shall not have unsupervised access to LESSEE's equipment and <br />LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. <br />D. The Parties acknowledge that until the date that the LESSOR-AGM bond <br />lease agreements expire, the AGM must approve any amendments to this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: CITY OF SANTA ANA <br />MARIA D. HUIZAR <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 />DAVID N. REAM <br />City Manager <br />LESSEE: T-MOBILE WEST CORPORATION <br />By: <br />Name: <br />Its: <br />Date: <br />Site #: LA33826B 14 <br />Site Name: City Yard <br />Date: 09/23/2010 <br />8OB-23