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may on its own behalf make a claim in any condemnation proceeding involving the Premises <br /> for losses related to the antennas, equipment, its relocation costs and its damages and losses, <br /> and any other amount recoverable by LICENSEE 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 <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 /> Page 18 of 103 <br />