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" A. Compelled Termination: If. during the Lease term, there is a determination made pursuant to an unappealable order of a county, stale, 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, easements, non-disturbance 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party related to or reasonably necessary to operate the Facility, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE. or (ii) if 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 result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits! Attachments) after giving written notice to LESSEE and reasonable time 10 cure. 40. MISCELLANEOUS PROVISIONS. a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement. and each party shall indemnify the other fully, including reasonable costs and attorney's fees. for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. LESSOR shall not have unsupervised access to LESSEE's equipment and Facility, except in cases of exigent circumstances or emergency situations. 9 4P--