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Property and as may be necessary for the enjoyment of the Premises and Property by both parties <br />hereto. <br />38. POWERING DOWN DURING MAINTENANCE / REPAIR. LESSEE agrees <br />that during all maintenance on the Communications Facility by the LESSOR or other lessees or <br />users of the Facility, while following the procedures and guidelines set forth by the Occupational <br />Safety and Health Administration (OSHA) and the FCC implementing the National <br />Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for <br />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 <br />off until the unsafe condition no longer exists. The earliest practicable notice will be given to <br />LESSEE using 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 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 />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 />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 />LESSEE or required from any governmental authority or any third party related to or reasonably <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 />Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all <br />prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) <br />above as the result of LESSOR's default. <br />C. Termination by LESSOR: LESSOR may terminate this Agreement if <br />LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached <br />Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set <br />forth in Section 29. <br />40. MISCELLANEOUS PROVISIONS. <br />A. Each undersigned represents and warrants that its signature herein below <br />has the power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and each party shall indemnify the other fully, including reasonable costs and <br />Site #: LA33826B 13 <br />Site Name: City Yard <br />Date: 09/23/2010