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such termination date,with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement,Rent shall be nbated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises,LESSEE may terminate this Agroomunt upon fifteen(15)days written notice to LESSOR. LESSER may on its own behalf make a claim in any condemnation proceeding Involving the Premises for losses related to the antennas,equipment, its relocation costs and its damages and losses,and any other amount recoverable by LESSEE under condemnation law(but not for the loss of its leasehold interest}. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice,were the date originally set as the expiration date of this Agreement and the parties shall make an apptopriato adjustment as of such termination date with respect to payments due to the other snider this Agreement. 33. SUBIVII j N bQ__P M_M The submission of this Agreement for examination dues not constitute an offer to lease the Premises and this Agreement incomes effective only upon the full execution of this Agreement by the Parties. If any provision heroin is invalid,it shall be considered deleted from this Agreement and s.lrall not invalidate the remaining provisions of this Agreement. 34. APTLICAIILE LAWS, LESSEE shall use the Promises for the tisc described herein In accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable,laws,rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respeel to its use of tine Premises, 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this.Agreement, Additionally,any provisions of this Agreement, which require,performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration, 36. CAPILQNS. Tba captions contained in this Agreement are inserted for convenience only and are not intended to be part ofthe Agreement. They shall not uffect.or be utilized in the construction or Interpretation of the Agreement, 317. F PBR,rY SPECIFIC ACCESS RU_LESIREQUI ATIQNS To the extent that such Files are not inconsistent with or do not interfer@ with LESSFE's rights heroin, LESSEE agrees to abide by all rules and regulations of the Property and Premises Imposed by LESSOR as set forth in Fxhibit D,attached hereto,as the same may he changed fhm tine to time upon reasonable notico to LESSEE, These ntles and regulations are specific to the Facilities site and are imposed to insure the proper maintenance,good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 3$. [' LN'CiRMO-DQ URING 141A TENANCE 1 REPAIR. LESSEE agrees that during all maintenance on the Communications facility by the LESSOR or other lessees or uses of the Facility, while following the procedures and guidelines set forth by the Occupational Safely and Health Administration(OSHA) and the FCC implementing the National ]environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel(based upon standards promulgated by a governmental authority having jurisdiction over LESSEE)duo to radiation,the off+ected trausmitiets of LESSEE will be turned off until the unsafe conditions no longer exists. The earliest practicable notice will bo given to LESSEF using the information in Exhibit E,as applicable. 39. TFI MAT-JON, A. Compelled Termination: If, during the lease term, there is a determination made pursuant to Eon unappealable order of a county, state, or national governmental health agency having proper Jurisdiction over LESSEE's operations that LESSEE'S use of the Premises poses a human hoalth hazard which cannot be remedied and that LESSEE must cease all operations on the Premises,then LESSE13 shalt immediately cease all operations on the Premises and this Agreement shall terminate w of the date of such order. In the event the Federal Catmmunications Commission,or any successor agency, makes a determination which is final and non• appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that I ESSEB's use as silt forth in this Agreement presents a material risk to the public health or safety and that LESSEE, most cease all operations on the promises,LESSOR may terminate this Agreetnent upon fourteen(14)days notice to LESSEE. Site No: EA03009CI Gt Savador Palk Page 9 ar23 Site Addregs: 1825 Civic Certrer Drive West,Swat Ana,CA 92703 Page 37 of 107