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for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the <br />same force and effect as though the date set forth in such notice were the date originally set as the expiration date of <br />this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to <br />payments due to the other under this Agreement. <br />33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not <br />constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this <br />Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and <br />shall not invalidate the remaining provisions of this Agreement. <br />34. APPLICABLE LAWS, LESSEE shall use the Premises for the use described herein in accordance <br />with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all <br />applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance <br />required by LESSEE in respect to its use of the Premises. <br />35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the <br />other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this <br />Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also <br />survive such termination or expiration.. <br />36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are <br />not intended to be part 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 are not <br />inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and <br />regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same <br />may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to <br />the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises <br />and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. <br />38. POWERING DOWN DURING MAINTENANCE J 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 Safety and Health Administration (OSHA) <br />and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is <br />deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having <br />jurisdiction over LESSEE) due to 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 the information in Exhibit <br />E, as applicable. <br />39. TERMINATION. <br />A. Compelled Termination: If, during the lease term, there is a determination made <br />pursuant to an unappealable order of a county, state, or national governmental health agency having proper <br />jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which <br />cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately <br />cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the <br />Federal Communications Commission, or any successor agency, makes a determination which is final and non- <br />appealable or which is 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 or safety and that LESSEE <br />must cease all operations 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 notice to <br />LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other <br />approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or <br />any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's <br />Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, <br />or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or <br />Site #: LA33836B 9 <br />Site Name: Delhi Park <br />Date: 06/18n010 <br />AMC-