LONEROCK INC. (SANTA ANA DELHI CHANNEL DIVERSION PROJECT)

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Exhibit D 14. $MIRMLITY(PMES15.1S) If any term, covenant, condition, or prevision of this Ternporary Easement is hold by a oourt o£competent jurisdiction to be invalid, void, or unculoremblc, the remainder of the provisions horaof shah remain in fill force and affect and shall in noway be affected, impaired or invalidated thereby. 15. ATTORNEYS' FEES 0?MES16.15) In Pity action or proceeding brought to enforce or interpret any Provision of this Temporary Easemeut, or where any provision hereof is validly assorted its a defense, each Party shall hour its own attornoy'feos and costs. 16. SUCCESSORS AND ASSIGNS (PNIE518, IS) The tam, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hwroto. 17. AUTHORITY(PIv1ES20, IS) The Parties to this TomporaryEasoment representand warrant that this Temporary Easement has been duly ainhorized and executed and constitutes die legally binding obligation of dnelrres(swtive organization or ontity, enforceable in accordance with its terms. 18. PAA CONDITIONS ANI) RESERVATIONS A. COUN'T'Y horoby reawvw %arta itsolf sad its operator John Wayne Airport, and theh• respective succossors and assigns, for the use and bouefit of the public, aright of flight for the passage of aircraft in lite airspace above ate surface of the above described real properly, together with the right to cause in said airspace such noise as may be ioliorent in the operation of aircraft, now known or hereafter usedfor navigation of or flight in the Paid airspace, and for use of said airspace for landing on, taking off from or operating on Sohn Wayne Airport, B. GRANTEE by entering into dtis easomom, expressly agiees, for itself, its successors and assigns, that it will not erect nor permit duo erection of any structure or building not permit object of natural growth or other obstruction on die above described real proporty above a height as determined by the ap!)tloaton of the requirennonts of 14 C RIt, Part 77 (FAR Parti 77). In the event the aforesaid. covenant is breached, COUNTY reserves the right to enter on the above described roil property and to remove the offending structure or object and to cut the ototiding natural growth, all of whichshnIl be at die expense of the GRANTEE. C, GRANTER by entering into this easement, expressly agreos, for itself, its successors and assigris, that it will not make use of the above described real property in any manner which might interfere with the landing and taking off of aircraft at. due John Wayne Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is Breached, the COUNTY reserves the right to enter on due said real property and cause the abatement of such interference at the expense of GRANTEE. D. CdtAN EM expressly agrees, for itself, its successors and assigns, that irroclohed, it will file Federal Aviation Adndniatricli n GAA) Form 74604, Notice of Reposed Constitution or Alteration (or such otter official form as designated), for the purpose of airspace walurtion for any and all current and future construction or modifrcntion proposed on the above described teal property. Signature Pages fol+allow Pnala N14-Ddai Dlverslon nroJeat (gal)TC` a519ret6 Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 53 of 69