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v2sro2Ls good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DQ)kU DURING MAINl'BN PAIR (Not applicable to free- standiag/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Adrninisiratton (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit B (as applicable). 39. TERMINATION A. Compelled Termination: If, during the Lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction that LESSEE's use of the Premises poses a human health hazard which cannot be remedied, then LESSEE shall immediately cease all operations on the Premises and this Lease shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non -appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that the LESSEE's use' as set forth in this Agreement presents a material risk to the public health or safety, LESSOR may terminate this Agreement upon fourteen days notice to LESSEE, B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, casements, non-disturbanoo agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate the Facility, or if any such approval is canceled, expires or is withdrawn or terminated without any f8'tllt of LESSEE, or (if) U LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (III) after the first 10 years, only with twelve (12) months' written notice to LESSOR, Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or is the molt of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perfonn any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to care, 40. MISCELLANEOUS PROVISIONS, a. Each undersigned represents and warrants that its signature hereinbelowhas thepower, authority and rightto bind their respective parties to each of the terms of this Agreement, and cechpariy shall indemnify the otherfully, including reasonable costa and attorney's fees, for any injuries or damages incurred in the eventthat such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibitsr*roncedhereinandattachedhereto"beincorporatedasiffrdlysetforthinthe body of this Agreement c. LESSOR shall not have unsupervised access to LESSEE's egtdpment and Facility, except in cases of exigent chwalstances or emergency situations.