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Exhibit D 14. SEVERABILITY(MIES 15.15) If any term, covenant, condition, or provision of this Temporary Easement is held by a count of competent jurisdiction to be invalid, void, or uncnfirs ocable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M AT'T'ORNEYS' FEES (PMESMIS) In any action or proceeding brought to enforce or interpret any provision of this Temporary Easement, or where any provision hereof is validly asserted as a. defense, each Party shall bear its own attorneys' fees and costs, 16. SUCCESSORS AND ASSIGNS (PMr S 18.15) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, adminishat rs and assigns of the Parties homm, 17. AUTIIORITY (PMES20. IS) The Parties to dnis'£emporm'y Easement represent and warrant that this Temporary Easement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its turns. is. FAA CONDITIONS AND RESERVATIONS A COUNTY hereby reserves unto itself and its operator John Wayne Airport, and Their respective successors and assigns, for tie use and benefit of the public, a right of flight for tie passage of aircraft in the airspace above the surface of the above described real property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now Imown or hereafter used for navigation of or flight in the said airspace, and for use of said airspace for finding on, taking off from or operating on John Wayne Airport. B. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns, that it will not erect not permit die erection of any stricture or building nor permit object of natural growth or other obstruction on the above described real property above a height as determined by the application of tine requirements. of Id CF.R., Part 77 (FAR Put 77). In the event the aforesaid covenant is breached, COUNTY reserves the right to enter on the above described real property and to remove the offending structure or object and to cut the offending natural growth, all of which shall he at the expense of the GRANTEE. C. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns, that it will not male use of the above described read property in any manor which might interfere with the landing and taking off of aircraft at the John Wayne Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the CO'UNT'Y reserves the rightto enter on the said real property and cause die abatrnnom of such interference at the expense of GRANTEE. D. GRANTEE expressly agrees, for itself, its successors and assigns, that if required, it will file Federal Aviation Administration (FAA,) Form 7460 -1, Notice of Proposed Construction or Alteration (or such other official form as designated), for the purpose of airspace evaluation for any and all current and future construction or modification proposed on the above described real property. Signature Pages to Fodlow Santa AisLDOW Dmnjon Proj.t(FOl)TOE / 05192016 Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 Page 53 of 74 25G -57