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35. SURVIVAL. The provisions of the Agreement relating to indemnification <br />from one Party to the other Party shall survive any termination or expiration of this <br />Agreement. Additionally, any provisions of this Agreement, which require performance <br />subsequent to the termination, or expiration of this Agreement shall also survive such <br />termination or expiration. <br />36. CAPTIONS. The captions contained in this Agreement are inserted for <br />convenience only and are not intended to be part of the Agreement. They shall not affect <br />or be utilized in the construction or interpretation of the Agreement. <br />37. PROPERTY SPECIFIC ACCESS RULES /REGULATIONS. To the <br />extent that such rules are not inconsistent with or do not interfere with LESSEE's rights <br />herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises <br />imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be <br />changed from time to time upon reasonable notice to LESSEE. These rules and <br />regulations are specific to the Facilities site and are imposed to insure the proper <br />maintenance, good order and reasonable use of the Premises and Property and as may be <br />necessary for the enjoyment of the Premises and Property by both parties hereto. <br />38. POWERING DOWN DURING MAINTENANCE / REPAIR. LESSEE <br />agrees that during all maintenance on the Communications Facility by the LESSOR or <br />other lessees or users of the Facility, while following the procedures and guidelines set <br />forth by the Occupational Safety and Health Administration (OSHA) and the FCC <br />implementing the National Environmental Policy Act of 1969, when continuing <br />transmission is deemed unsafe for maintenance personnel (based upon standards <br />promulgated by a governmental authority having jurisdiction over LESSEE) due to <br />radiation, the effected transmitters of LESSEE will be turned off until the unsafe <br />condition no longer exists. The earliest practicable notice will be given to LESSEE using <br />the information in Exhibit E, as applicable. <br />39. TERMINATION. <br />A. Compelled Termination: If, during the lease term, there is a <br />determination made pursuant to an unappealable order of a county, state, or national <br />governmental health agency having proper jurisdiction over LESSEE's operations that <br />LESSEE's use of the Premises poses a human health hazard which cannot be remedied <br />and that LESSEE must cease all operations on the Premises, then LESSEE shall <br />immediately cease all operations on the Premises and this Agreement shall terminate as <br />of the date of such order. In the event the Federal Communications Commission, or any <br />successor agency, makes a determination which is final and non - appealable or which is <br />affirmed and becomes final after the exhaustion of all available appeals concluding that <br />LESSEE's use as set forth in this Agreement presents a material risk to the public health <br />or safety and that LESSEE must cease all operations on the Premises, LESSOR may <br />terminate this Agreement upon fourteen (14) days notice to LESSEE. <br />14 <br />Rosita Park <br />I <br />