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Exhibit 1)
<br />14. SEVERABILITY(PMES15. 1S)
<br />If Any term, covenant, condition, or provision of this Temporary Easement is hold by a court of competent
<br />jurisdiction to be invalid, void, or unenforceable, the remainder of tho provisions horeof shalt remain in 1411
<br />foreo and affect and shalt in no way be affected, impaired or• invalidated tmreby,
<br />15. ATTORNEYS'ITF SI MES16, 1.5)
<br />In any Action or proceeding brought to onforee or interpret any provision of this Temporary Easement, or where any
<br />provision hcreof is validly asserted as a defense, each Party shall bear its own Attorney%, fees mrd costs.
<br />16. SUCCESSORS AND ASSIGNS(MIES1SAS)
<br />The terms, covenants, And conditions contained herein shall apply to And hind the heirs, successors, executors,
<br />administrators and assigns of the Parties lusroto,
<br />17. AUTHORITY(PrNIES20, IS)
<br />The Parties to this Temporary Easement represent And warrant that this Tempotnty Easement has been duty
<br />anthor•Ized and executed and constitutes the legally binding obligation of their respective organiraton or entity,
<br />enforceabto in accordance with its terms.
<br />18. FAA CON9)ITIONS ANI) I'YI' ER.VATIONS
<br />A. COUNTY imreby resorvas tato itsolf And its operator John Wayne Airport, And their respective succomors
<br />and assigns, for the tsc and benefit of tato public, aright of flight for The passago of airerat't in the airspace
<br />above die surl'aco of the shove described real properly, together with the right to cause in said airspace such
<br />noun as may be inherent in the operation of Aircraft, now known or hereafter usedfor navigation of or Right in
<br />the said airspace, and for use of said airspace for landing on, taking off from or operating on Soler Wayne
<br />Airport.
<br />B. GRANTEE by entering into this easement, expressly agrees, for itself, its successors and assigns,
<br />that It will not erect nor permit dao erectionof tory savetwo or building not permit object of natural growth or
<br />outer obstruction on tiro above described teal property above a height as detet•rnined by the Application of tho
<br />requirements of 14 C.F.R„ Pmt 77 (FAR Part 77), At the event the aforesaid. covenant Is breaehod, COUNTY
<br />reserves the right to enter on the above doscribgd real proporty and to remove the offending structure or object
<br />and to out the offending natural growth, all of whichshill beat tho expense of the GRANTEE.
<br />C. GRANTEE by entering into lids casemont, expressly agrees, for itself, its successors And assigns,
<br />that it will not make use of the abovedescribed real properly in any manner wbioh might inbufere with the
<br />landing and taking off of aircraft at. the Soler Wayne Airport, or otherwise constitute an airport hazard. In the
<br />event the aforesaid covenant is breached, the COI JNTY reserves the right to enter on the said real peoperty and
<br />cause the abatement of such interfQn rice at lie expense of GRANTEE.
<br />1), GIRANTEE exprossly agrees, for itself, its successors and assigns, that ii'mquir'etl, it Will file f'eder'al
<br />Aviation Adaninistration (FAA) Foran 7460.1, Notice of Proposed Construction ar Alturatimr (or such other
<br />official form As deslintted), for the purpose of aitsimo evaluation for Any and all current and future
<br />construction or modification proposed on the above described real property.
<br />Signature Pages to Follow
<br />Runts AlWo,lhl Malts) Project(Fol)TCT-
<br />Resents
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15.013 Page 53 of 69
<br />20C-63
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