Laserfiche WebLink
(or the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the <br /> same farce and effect as though the date set forth in such notice were the dote originally set as the expiration date n( <br /> this Agretmtnt and the parties shall make an appropriate adjustment as of such termination date with respect to <br /> payments dot to the other under this Agreement. <br /> 33. SUBMISSION OF LEASE. The submission of this Agreement far examination dos nut <br /> constitute an otter to lease the Premises and this Agreemzm becomes effective only upon Ihr full execution of this <br /> Agreement by [he Ponies. If any provision herein is invalid, it shall br considered deleted from This Agreement and <br /> shall na invnGdatc the remaining provisions of [his Agreement. <br /> 34. APPLICABLE LAWS. LESSEE; shall use the Premises for the use described herein in accordance <br /> with applicable Inws, rules and regulations. LESSOR agrees to keep the Property in con fonnanee with all <br /> applicable, Imes, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance <br /> required by LESSEE in respect Io its use of the Premises. <br /> 33. SURVIVAL. The provisions of Ihr Agreement relating to indemnification from one Party w the <br /> other Piny shell survive any termination or expiration of this Agreement. Additionally, any provisions of this <br /> Agreement, which require. pertbnnance subseyuzm to the termination, or expiration of this Agreement shall also <br /> survive such termination or expiration. <br /> 36. CA_PI',IQNS. The captions contained in this Agreement err inserted for convenience only and arc <br /> not intended to be pan of the Agreement. They shall not affect or be utilized in the construction or interpretation of <br /> the Agreement. <br /> 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules err not <br /> inconsistem with ur do not interfere with LESSEE'S rights herein, LESSEE agrczs to abide 6y ell rules and <br /> regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached harem, as Ihr same <br /> mny be changed from time to time upon reasonable notice to LESSEE. These rules and regulntions arc specific to <br /> the Facilities site and are imposed to insure the proper rnaintrnance, gaud order and reasonable use ol'the Premises <br /> and Pnrpuny and as may be necessary fur the enjoyment of the Premises and Propzny by both ponies hereto. <br /> 3d. POWERING DOWN DURING MAINTENANCE /REPAIR. LESSEE agrees that during all <br /> maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while <br /> following the procedures and guidelines set forth by the Occupational Salety and Health Administration (OSHA) <br /> and the FCC implementing the National tnvironmenml Policy Act of 1969, when continuing transmission is <br /> deemed unsafe for maintenance personnel (based upon standards promulgated by a govemmenlal authority having <br /> <br /> jurisdiction over LESSEE) due to radiation, the effected hsnsmilters of LESSEE will be fumed off until the unsafe <br /> condition no longer exists. The earliest practicable notice will be given m LESSF. F. using the information in Exhibit <br /> E, as applicable. <br /> 39. TERMINATION. <br /> A. Compelled Terminetlon: If, during the lease term, there is a determination made <br /> pursuant ro an unappealable order of a courtly, state, or national govcmmental hznllh agency having proper <br /> <br /> jurisdiction over LESSEE'S operations that LESSEE'S' use of the Premises posos' a human health hazard which <br /> cannot be remedied and Ihet LESSEE, must cease all operations on the Premises, then LESSGB shall immediately <br /> tense all operations on the Premises and this Agrremem shall terminate az of the date oFsuch order. In the event the <br /> Federal Communications Commission, or any successor agency, makes a determination which is foal and non- <br /> appealable or which is affirmed and becomes final alter the exhaustion of all available appeals concluding that <br /> LESSEE'S use as seI I-orth in this Agreement presenu n material risk to the public health or safety end that LESSEE <br /> must cease ell operations un the Premises, LESSOR may terminate this Agreement upon fourteen (IA) days notice to <br /> LESSEE.. <br /> B. Tcrminatiun by LESSEE: LESSEE may terminate this Agreement by notice to <br /> LESSOR if (i) LESSEfi dues not obtain all permits, consents, easements, non-disturbance agreements or other <br /> <br /> approvals (collectively "approval") reasonahly desired by LESSEE or required from any govemmenlal authority or <br /> <br /> any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSF:E'e <br /> Facilities, or if any such approval is canceled, expires or is withdrawn or terminated widraut any fault o(LESSEE, <br /> <br /> or (ii) LESSOR fails to have proper ownership of the Premises or the authority to toter into this Agreement, or <br /> <br /> Stu q: LA77a35A 9 <br /> <br /> Site Name: Adams Park <br /> Deter 04Q7/1010 <br /> <br />