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88 Subject to higher priority users as set forth herein and pre-existing tenants in the same priority category, LESSEE shall have preference over subsequent tenants in same priority category for locating LESSEE's temporary antenna support structure and equipment facilities, which structure is referred to in Paragraph 14 above, and for other such issues which may cause a conflict among tenants in the same priority category. 39. CONSTRUCTION AND MAINTENANCE STANDARDS. LESSEE shall comply with all construction and maintenance standards set forth in the City Code. LESSEE shall, at its sole expense maintain its equipment and its equipment building in good condition throughout the term of the Agreement and in accordance with standard good engineering practices and conform, when applicable with the National Electrical Safety Code and applicable other federal, state and local laws or regulations. The exterior of the equipment building on the Land Space shall have been approved by LESSOR, which approval shall not be unreasonably withheld, delayed or conditioned. The equipment building will house all of LESSEE's equipment maintained on the ground. Any of LESSEE's equipment mounted on the'rower shall, at all times, be painted, at LESSEE's expense, the same color as the Tower. 40. DAMAGE TO PROPERTY. If the Property or a portion of the Premises is damaged and such property would not have been damaged but for the installation, maintenance or operation of LESSEE's equipment, LESSEE shall repair or rebuild such property to substantially the condition in which it was in immediately prior to such damage. 41. DRAWINGS. LESSEE shall provide LESSOR with as -built drawings of the equipment and improvements installed on the Premises, which show the actual location of same. Said drawings shall be accompanied by a complete and detailed inventory of all equipment actually placed on the Premises. 42. TERMINATION OF AGREEMENT BY LESSOR. This Agreement may be terminated by LESSOR upon sixty (60) days written notice to LESSEE as follows: a. If LESSEE fails to commence construction by December 31, 2013; b. If LESSEE sells or attempts to sell its interest in the Premises under execution or similar legal process; C. If a receiver or trustee is appointed for LESSEE's business or property and such appointment is not vacated within thirty (30) days of the date of such appointment; d. If LESSEE makes an assignment for the benefit of creditors; e. If LESSEE's interest under this Lease automatically passes to any other person or entity by operation of law, except as otherwise expressly permitted by the terms of the Agreement; f If LESSOR's governing body decides, for any reason, to redevelop the Premises in a manner inconsistent with continued use of the Premises by LESSEE and, or MMC Ccnhsl Wate) rower lease Agreement 16 22276800