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portion thereof. <br /> 40. LESSOR AS A LANDOWNER. Lessor and Lessee agree that in granting this Lease, Lessor <br /> is acting its solely in its proprietary function as the landowner, therefore, the Parties further <br /> agree that provisions of 47 USC § 1455 et seq. and any other laws and regulations applicable <br /> to the City of Everett, Washington operating in its governmental zoning and permitting <br /> authority are completely inapplicable to this Lease. <br /> 41. PUBLIC RECORDS ACT. Lessor is a public agency under the laws of the State of <br /> Washington. Lessor and Lessee acknowledge that this Lease is a public record subject to public <br /> disclosure as specified by RCW 42.56. <br /> 42. LESSOR'S APPROVAL. Neither Lessor's execution of this Lease nor any consent or <br /> approval given by Lessor hereunder in its proprietary capacity as Lessor, shall waive, abridge, <br /> impair, or otherwise affect Lessor's powers and duties as a governmental body. Any <br /> requirements under this Lease that Lessee obtains consent or approvals from the Lessor are in <br /> addition to and not in lieu of any requirements that Lessee obtains Governmental Approvals. <br /> For avoidance of doubt, any references to `permitted' in the context of this Lease shall only <br /> refer to the status of Lessor's approval in its proprietary capacity as Lessor under this Lease. <br /> 43. NO PERSONAL LIABILITY. No employees, officers, elected and appointed officials, <br /> volunteers, and contractors of either Party shall be personally liable for any default under this <br /> Lease. <br /> 44. CUMULATIVE REMEDIES.No provision of this Lease shall preclude Lessor from pursuing <br /> any other remedies, in law or equity, for Lessee's failure to perform its obligations. <br /> 45. CAPTIONS.The captions in this Lease are for convenience only and do not in any way limit or <br /> amplify the provisions of this Lease. <br /> 46. CONSTRUCTION. For the purposes of this Lease, the words "shall" and "will" are <br /> mandatory, and "may" is permissive. <br /> 47. INCORPORATION OF EXHIBITS. All exhibits referenced herein and attached hereto are <br /> hereby herein incorporated in their entirety by this reference. In the event of discrepancy <br /> between the exhibits and the language in this Lease, this Lease will control. <br /> 48. RECORDING. If requested by Lessee, Lessor and Lessee agree to execute a memorandum of <br /> Lease substantially in the form attached hereto and incorporated by reference herein as Exhibit <br /> D ("MOL")that Lessee may record at Lessee's sole cost and expense. The date set forth in the <br /> memorandum of Lease is for recording purposes only and bears no reference to <br /> commencement of the Term. Prior to the expiration of the Equipment Removal Period, Lessee <br /> will execute and deliver to Lessor a memorandum of termination or other similar document in <br /> recordable form to release the MOL and to evidence the termination of this Lease (a <br /> "Release"). If Lessee fails to provide a Release to Lessor prior to the expiration of the <br /> Equipment Removal Period, then Lessee will be deemed to be in Holdover of this Lease until <br /> Page 20 of 31 <br /> C W Ft 4.1.9.24 <br />