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4. Full Force and Effect. Except as expressly amended in this Third Addendum, the Lease is <br /> unmodified and remains in full force and effect. Each reference in the Lease to itself shall be <br /> deemed also to refer to this Third Addendum. In the event of a conflict between the terms of <br /> the Lease and this Third Addendum,the terms of this Third Addendum shall be controlling. <br /> 5. No Presumption Against Drafter.Lessor and Lessee understand, agree and acknowledge that <br /> this Third Addendum has been freely negotiated by both parties and that, in the event of any <br /> controversy,dispute or contest over the meaning,interpretation,validity or enforceability of this <br /> Third Addendum or any of its terms or conditions, there shall be no inference,presumption or <br /> conclusion drawn whatsoever against either party by virtue of that party having drafted this Third <br /> Addendum or any portion thereof. <br /> 6. Proprietary Capacity.Lessor and Lessee agree that in granting this Third Addendum,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 Lessor in its proprietary function as the landowner and <br /> lessor under this Third Addendum. Neither Lessor's execution of this Third Addendum nor <br /> any consent or approval given by Lessor hereunder in its proprietary capacity as Lessor, shall <br /> waive,abridge,impair,or otherwise affect Lessor's powers and duties as a governmental body. <br /> Any requirements under this Third Addendum that Lessee obtains consent or approvals from <br /> the Lessor are in addition to and not in lieu of any requirements that Lessee obtains <br /> governmental approvals. For avoidance of doubt, any references to `permitted' in the context <br /> of this Third Addendum shall only refer to the status of Lessor's approval in its proprietary <br /> capacity as Lessor under this Third Addendum. <br /> 7. Public Records Act.Lessor is a public agency under the laws of the State of Washington. Lessor <br /> and Lessee acknowledge that this Third Addendum is a public record subject to public disclosure <br /> as specified by RCW 42.56. <br /> 8. Cumulative Remedies.All remedies available to the parties under this Third Addendum will be <br /> cumulative and not exclusive. Any remedy or remedies sought by a party will not constitute a <br /> waiver or election with respect to any other available remedy or remedies. <br /> 9. Captions.The captions in this Third Addendum are for convenience only and do not in any way <br /> limit or amplify the provisions of this Third Addendum. <br /> 10.No Third-Party Beneficiaries. The Lease is not intended to (and shall not be construed to) <br /> give any third party,which includes without limitation Lessee's customers, collocators,DISH, <br /> Future Collocators, existing third party collocators or any other third party beneficiaries, any <br /> right, title or interest in the Lease or the real or personal property(ies)that may be affected by <br /> the Lease. <br /> 11. Execution; Counterparts. The parties warrant and represent to each other that the person <br /> who executes this Third Addendum on their behalf has the full power and authority to enter <br /> Page 5 of 27 <br /> Business Unit#s:823966,823967,823968 <br /> Site Names:Everett Mall-Burley,Everett Monopole,Everett Water Tank <br />