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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 Agneement. They shall not affect <br /> or be utilized in the construction or interpretation of the Agreement. <br /> 37. PROPER'['Y SPFCIFI ACE S R L /RECIIt A'fl )PJC To the <br /> extent that such rules are not inconsistent with or do nol interfere with LESSEE's rights <br /> herein, LESSEE agrees to abide by all rules and regulations ofthe 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 LESSEF,. These rules and <br /> regulations are specific to the Facilities site and arc 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 ofthe Premises and Property by both parties hereto. <br /> 38. POWERING DOWN DURING MAIN'1'FNANCE / RFPAiR. LGSSF.E <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 LESSF,E) due to <br /> radiation, the effected transmitters of LESSF,E will be fumed off until the unsafe <br /> condition no longer exists. 1'he earliest practicable notice will be given to LESSF,E using <br /> the information in Exhibit E, as applicable. <br /> 39. TERMINATION, <br /> A. Compelled Termination: lf, during the lease term, there is a <br /> determination made pursuant to an unappealable order of a county, state, or national <br /> govemmental health agency having properjurisdiction over LESSEE'S operations thal <br /> LESSEE'S use of the Premises poses a human health hoard 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 /> B. Termination by LESSF,E: LF,SSEE may terminate this <br /> Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, <br /> easements, non-disturbance agreements or other approvals (collectively "approval") <br /> reasonably desired by LESSEE or required from any governmental authority or any third <br /> <br /> T-MOAILC <br /> <br /> RIVIi'RVILW PARK <br /> 25F-16 <br /> <br />