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originally set as the expiration date of this Agreement and the parties shall make an <br />appropriate adjustment as of such termination date with respect to payments due to the other <br />under this Agreement. <br />35. SUBMISSION OF AGREEMENT. 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 <br />36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to <br />the other Party shall survive any termination or expiration of this Agreement. Additionally, <br />any provisions of this Agreement, which require performance subsequent to the termination <br />or expiration of this Agreement shall also survive such termination or expiration. <br />37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only <br />and are not intended to be part of the Agreement. They shall not affect or be utilized in the <br />construction or interpretation of the Agreement. <br />38. TERMINATION. <br />A. Compelled Termination: If, during the Term, there is a determination made <br />pursuant to an unappealable order of a county, state, or national governmental <br />health agency having proper jurisdiction over LICENSEE's operations that <br />LICENSEE's use of the Premises poses a human health hazard that cannot be <br />remedied and that LICENSEE must cease all operations on the Premises, then <br />LICENSEE shall immediately cease all operations on the Premises and this <br />Agreement shall terminate as of the date of such order. In the event the Federal <br />Communications Commission, or any successor agency, makes a determination <br />that is final and non -appealable, or which is affirmed and becomes final after the <br />exhaustion of all available appeals, concluding that LICENSEE's use as set forth in <br />this Agreement presents a material risk to the public health or safety and that <br />LICENSEE must cease all operations on the Premises, LICENSOR may terminate <br />this Agreement upon fourteen (14) days' notice to LICENSEE. <br />B. Termination by LICENSEE: LICENSEE may terminate this Agreement by <br />written notice to LICENSOR if (i) LICENSEE does not obtain all permits, <br />consents, easements, non -disturbance agreements or other approvals (collectively <br />"Approvals") reasonably desired by LICENSEE or required from any <br />governmental authority or any third party related to or reasonably necessary to <br />operate, install, maintain, replace, or remove LICENSEE's Facilities, or if any such <br />approval is canceled, expires or is withdrawn or terminated without any fault of <br />LICENSEE, or (ii) LICENSOR fails to have proper ownership of the Premises or <br />the authority to enter into this Agreement, or (iii) LICENSOR fails to cure a default <br />pursuant to Section 32. Upon termination, all prepaid License Fees shall be <br />retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above. <br />C. Termination by LICENSOR: LICENSOR may terminate this Agreement by <br />written notice to LICENSEE if LICENSEE fails to cure a default pursuant to <br />Page 18 of 107 <br />