Laserfiche WebLink
to the other under this Agreement. If LESSEE decides not to terminate this Agreement, rent shall <br />be abated proportionally to the reduction of use. <br />32. CONDEMNATION. In the event of any condemnation of the Premises, <br />LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. <br />LESSEE may on its own behalf make a claim in any condemnation proceeding involving the <br />Premises for losses related to the antermas, equipment, its relocation costs and its damages and <br />losses, and any other amount recoverable by LESSEE under condemnation law (but not for the <br />loss of its leasehold interest). Any such notice of termination shall cause this Agreement to <br />expire with the same force and effect as though the date set forth in such notice were the date <br />originally set as the expiration date of this Agreement and the Parties shall make an appropriate <br />adjustment as of such termination date with respect to payments due to the other under this <br />Agreement. <br />33. SUBMISSION OF LEASE. The submission of this Agreement for examination <br />does not constitute an offer to lease the Premises and this Agreement becomes effective only <br />upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it <br />shall be considered deleted from this Agreement and shall not invalidate the remaining provisions <br />of this Agreement. <br />34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described <br />herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the <br />Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably <br />cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of <br />the Premises. <br />35. SURVIVAL. The provisions of the Agreement relating to indemnification from <br />one Party to the other Party shall survive any termination or expiration of this Agreement. <br />Additionally, any provisions of this Agreement, which require performance subsequent to the <br />termination, or expiration of this Agreement shall also survive such 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 Agreement. They shall not affect or be <br />utilized in the construction or interpretation of the Agreement. <br />37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. LESSEE agrees to <br />abide by all riles and regulations of the Property and Premises imposed by LESSOR as set forth <br />in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable <br />notice to LESSEE and as adopted and applied in a uniform and non - discriminatory manner, and <br />otherwise in accordance with applicable law, rules and regulations. These rules and regulations <br />are specific to the Premises and are imposed to insure the proper maintenance, good order and <br />reasonable use of the Premises and Property and as may be necessary for the enjoyment of the <br />Premises and Property by both Parties hereto. In the event of a conflict between the terms of this <br />Agreement and the rules and regulations, the terms of this Agreement shall govern. <br />38. POWERING DOWN DURING MAINTENANCE / REPAIR. LESSEE agrees <br />that daring all maintenance on the Communications Facility by LESSOR or other lessees or users <br />of the Property, while following the procedures and guidelines sett 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 />45022333.1 13 <br />Jerome Park <br />