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Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in <br />Section 29. <br />40. MISCELLANEOUS PROVISIONS. <br />A. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, and each <br />party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or <br />damages incurred in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />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. LESSEE shall be permitted to trim the trees on the Property to the extent <br />necessary for the operation of LESSEE's Facilities, provided that (i) any tree trimming work shall be <br />performed only under the supervision of a licensed arborist, (ii) LESSEE notifies LESSOR in writing at <br />least ten (10) days in advance of its intent to trim trees, and the Executive Director of Parks and Recreation <br />or his designee approves in writing any proposed trimming, (iii) LESSEE agrees to trim any additional <br />trees reasonably requested by LESSOR, and (iv) the tree trimming is at LESSEE's sole cost. LESSOR <br />reserves the right to reasonably deny any request to trim trees, <br />E. Lessor acknowledges that Lessee may enter into financing arrangements <br />including promissory notes and financial and security agreements for the financing of Lessee's Facilities <br />(the "Collateral") with a third parry financing entity and may in the future enter into additional financing <br />arrangements with other financing entities. In connection therewith, Lessor (i) consents to the installation <br />of the Collateral to the extent that the Collateral is part of the approved Lessee's Facilities; (ii) disclaims <br />any interest in the Collateral, as fixtures or otherwise, whether arising at law or otherwise, including, but <br />not limited to any statutory landlord's lien; and (iii) agrees that the Collateral shall be exempt from <br />execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such <br />Collateral may be removed at any time without recourse to legal proceedings, except to the extent the cost <br />of such Collateral has been reimbursed by an additional communications provider pursuant to Paragraph <br />25(b), above. <br />***SIGNATURES ON FOLLOWING PAGE*** <br />Site No: LA0623B Page I 1 of 24 <br />Site Address: 1528 South Standard Avenue, Santa Ana, CA 92707 <br />Execution Copy