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37, PROPERTY SPECIFIC AggESS RULESIREGULATIONS. 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,:Wtt=hCd hereto, as the same
<br />may be changed from time to fime upon reasonable notice to LESSEE, 'These ittles 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 erijoymentof the Premises and Property by both parties hereto.
<br />38. E9WERING DOWN DURING MAINTENANCE / REPAIR
<br />(Not applicable to lice-standing/independent Communications Facilities), LESSEE agrees that
<br />during all maintenance: on the Communications Facility by the LESSOR or other lessees or users of the Facility,
<br />while following the procedures and guidelines set forth by the Occupational Safety and Health Administration
<br />(OSHA) and the FCC implementing The National Environmental Policy Act of 1969, when continuing transmission
<br />is deemed unsafe for maintenance personnel used upon standards promulgated by a goverturiental authority having
<br />jurisdiction over LESEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe
<br />condition no longer exists. The carlicst practicable notice will be given to LESEE 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 -ball 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 asset forth in this Agreement presents a material risk to the public health or safety and that LESSEE
<br />must ceaseall operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to
<br />LESSEE,
<br />I
<br />B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to
<br />LESSOR if (i) LESSEE does not obtain all permits, conisents, casements, non -disturbance agreements or other
<br />approvals (collectively "approval") reasonably desired by LESSEE or required from any govenunental 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 />(iii) for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to
<br />LESSOR, or (iv) the Property or LESSEE's Facilities are, or become, unacceptable under LESSEE's design or
<br />engineering specifications for LESSEE's Facilities or the communications system to which LESSEE's Facilities
<br />belong, or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be
<br />retained by LESSOR, unless termination is pursuant to (6) above or (v):above as the result of LESSOR's default.
<br />IC. I Termination by LESSOR- LESSOR may terminate this Agreement if LESSEE fails to
<br />perform any of its obligations pursuant to this Agreement (including all attached ExhibitslAttachmenti) after giving
<br />written notice to LESSEE and reasonable time to cure as set forth in Section, 29,
<br />01111111111111112im 1111FM I *9111110DOMM
<br />A. Each undersigned represents and warrants that its signature herein below has the power,
<br />authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall
<br />indemnify the other fully, including reasonable costs and attorneys fees, for any injuricsor damages incurred in the
<br />event that such authority or power is not, in fact, held by the signatory Or ins withdrawn.
<br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
<br />forth in The body of this Agreement,
<br />C, LESSOR shall not have unsupervised acvcss to LESSEE's equipment and LESSEE's
<br />Facilities, except in cases of exigent circumstances or emergency situations.
<br />Site;#: LA03010A
<br />Site None: TMWOJerorno Park
<br />Market Cahforftia
<br />Page 59 of 103
<br />City Council 12-174 3/18/2025
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