Laserfiche WebLink
39. TERMINATION. <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 and that <br /> LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all <br /> operations on the Premises and this Agreement shall terminate as of the date of such order. In <br /> the event the Federal Communications Commission, or any successor agency, makes a <br /> 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 <br /> <br /> presents a material risk to the public health or safety and that LESSEE must cease all operations <br /> on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to <br /> LESSEE. <br /> B. Termination by LESSEE: LESSEE may terminate this Agreement by <br /> <br /> notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non- <br /> disturbance agreements or other approvals (collectively "approval") reasonably desired by <br /> <br /> LESSEE or required from any governmental authority or any third party related to or reasonably <br /> <br /> necessary to operate, install, maintain, replace, or remove LESSEE'S Facilities, or if any such <br /> approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or <br /> (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this <br /> <br /> Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all <br /> <br /> prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) <br /> <br /> above as the result of LESSOR'S default. <br /> C. Termination by LESSOR: LESSOR may terminate this Agreement if <br /> <br /> LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached <br /> <br /> Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set <br /> <br /> forth in Section 29. <br /> 40. MISCELLANEOUS PROVISIONS. <br /> A. Each undersigned represents and warrants that its signature herein below <br /> <br /> has the power, authority and right to bind their respective parties to each of the terms of this <br /> <br /> Agreement, and each party shall indemnify the other fully, including reasonable costs and <br /> <br /> attorney's fees, for any injuries or damages incurred in the event that such authority or power is <br /> <br /> not, in fact, held by the signatory or is withdrawn. <br /> B. All Exhibits referenced herein and attached hereto shall be incorporated as <br /> <br /> if fully set forth in the body of this Agreement. <br /> C. LESSOR shall not have unsupervised access to LESSEE'S equipment and <br /> <br /> LESSEE'S Facilities, except in cases of exigent circumstances or emergency situations. <br /> 25C-15 <br /> <br />