Laserfiche WebLink
<br />36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only <br />and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or <br />interpretation of the Agreement. <br /> <br />37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such <br />rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by <br />all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, <br />attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These <br />rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, <br />good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of <br />the Premises and Property by both parties hereto. <br /> <br />38. POWERING DOWN DURING MAINTENANCE / REPAIR <br />(Not applicable to free-standing/illl.lep<'ndent Communications Facilities). LESSEE <br />:.;gn;e~ that Jaring "P ''l1aintenance on the Comml'~icati';',ls FacIlity by the LESSOR Of other le~;sec~ 0r <br />users of the Facility, while following the procedures and gttidelines set forth by the Occupational Safety <br />and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of <br />1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards <br />promulgated by a governmental authority having jurisdiction over LESEE) due to radiation, the effected <br />transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest <br />practicable notice will be given to LESEE using the information in Exhibit E, as applicable. <br /> <br />39. TERMINATION. <br /> <br />A. Compelled Termination: If, during the lease term, there is a determination <br />made pursuant to an unappealable order of a county, state, or national governme[1tal health agency having <br />proper jurisdiction over LESSEE's operations that LESSEE's use of the Premi8es poses a human health <br />hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then <br />LESSEE shall immcdiately cease all operations on the Premises and this Agreement shall tcrminatc as of <br />the date of such order. In the event the Federal Communications Commission, or any successor agency, <br />makes a determination which is final and non-appealable or which is affirmed and becomes final after the <br />exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a <br />material risk to the public health or safety and that LESSEE lTIUst cease all operations on the Premises, <br />LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. <br /> <br />8, Termination by LESSEE: LESSEE may terminate this Agreement by notice <br />to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or <br />other approvals (collectively "approval") reasonably desired by LESSEE or required from any <br />governmental authority or any third party related to or reasonably necessary to operate, install, maintain, <br />replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or <br />terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or <br />the authority to enter into this Agreement, or (iii) for any reason or no reason after the first ten (10) years, <br />only with twelve (12) months' written notice to LESSOR, or (iv) the Property or LESSEE's Facilities are, <br />or become, unacceptable under LESSEE's design or engineering specifications for LESSEE's Facilities or <br />the communications system to which LESSEE's Facilities belong, or (v) LESSOR fails to cure a default <br />pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless <br />termination is pursuant to (ii) above or (v) above as the result of LESSOR's default. <br /> <br />C. Termination by LESSOR: LESSOR may terminate this Agreement if <br />LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached <br />Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in <br />Section 29. <br /> <br />Site No: LA2825A <br />Site Address: 2302 % Raitt Street, Santa Ana, CA 92704 <br /> <br />Page 10 of 24 <br />