Common use of Frequency Interference Clause in Contracts

Frequency Interference. A. COMPANY will not cause, permit or allow the installation, operation, maintenance or use of an ANTENNA FACILITY or any other equipment installed pursuant to this AGREEMENT to interfere with: (1) any CITY use of the PROPERTY; (2) CITY equipment used at the PROPERTY; (3) CITY communications; and/or (4) or any pre-existing third party uses of the PROPERTY or any other CITY property, including uses of communications equipment, which uses were authorized or planned by CITY prior to the execution of this Agreement. COMPANY shall immediately provide, in writing, to the CITY at the address set forth for notices in SECTION 15, herein, the frequencies utilized in the operation of the ANTENNA FACILITIES. COMPANY shall also provide the CITY, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. COMPANY shall not begin any work on the PROPERTY pursuant to this AGREEMENT until these frequencies have been approved in writing by CITY’s Chief Information Officer or any other person that may be designated to make such approval by CITY’s City Manager. B. COMPANY shall ensure that its use of an ANTENNA FACILITY does not interfere with any communication transmissions in the vicinity of the PROPERTY, including without limitation, the CITY’s public safety transmissions, police and fire communications, CITY’s internal or external communications, communications by CITY’s tenants, or communications used in the connection with the San Xxxx International Airport. COMPANY shall operate the ANTENNA FACILITY in such a manner that all communications sent or received by the ANTENNA FACILITY shall be separated from all CITY communications frequencies, including without limitation, CITY communications listed in the preceding sentence, by at least 1 megahertz. C. If COMPANY’s construction, installation, maintenance, operation, use or removal of an ANTENNA FACILITY violates this provision, COMPANY shall immediately eliminate such violation or interference. If COMPANY fails to immediately eliminate such violation or interference, CITY may, in addition to and without compromising any other remedy available to CITY, immediately cut off power to the facility in the manner set forth in SECTION 14 below. CITY shall immediately provide notice to COMPANY of any interference or the exercise of CITY’s shut off rights pursuant to this SECTION. D. COMPANY shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“FCC”), if any, and in compliance with all applicable FCC rules and regulations.

Frequency Interference. A. COMPANY will not cause, permit or allow the installation, operation, maintenance or use of an any ANTENNA FACILITY or any other equipment installed pursuant to this MASTER AGREEMENT to interfere with: (1) any CITY use of the applicable PROPERTY; (2) CITY equipment used at the applicable PROPERTY; (3) CITY communications; and/or (4) or any pre-existing third party uses of the applicable PROPERTY or any other CITY property, including uses of communications equipment, which uses were authorized or planned by CITY prior to the execution of this AgreementMASTER AGREEMENT or individual SLA. COMPANY shall immediately provide, in writing, to the CITY at the address set forth for notices in SECTION 15, herein, the frequencies utilized in the operation of the each and every ANTENNA FACILITIESFACILITY. COMPANY shall also provide the CITY, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. COMPANY shall not begin any work on the any PROPERTY pursuant to this MASTER AGREEMENT until these frequencies have been approved in writing by CITY’s Chief Information Officer or any other person that may be designated to make such approval by CITY’s City Manager. B. COMPANY shall ensure that its use of an each and every ANTENNA FACILITY does not interfere with any communication transmissions in the vicinity of the applicable PROPERTY, including without limitation, the CITY’s public safety transmissions, police and fire communications, CITY’s internal or external communications, communications by CITY’s tenants, or communications used in the connection with the San Xxxx International Airport. COMPANY shall operate the each and every ANTENNA FACILITY in such a manner that all communications sent or received by the ANTENNA FACILITY shall be separated from all CITY communications frequencies, including without limitation, CITY communications listed in the preceding sentence, by at least 1 megahertz. C. If COMPANY’s construction, installation, maintenance, operation, use or removal of an ANTENNA FACILITY violates this provision, COMPANY shall immediately eliminate such violation or interference. If COMPANY fails to immediately eliminate such violation or interference, CITY may, in addition to and without compromising any other remedy available to CITY, immediately cut off power to the facility in the manner set forth in SECTION 14 below. CITY shall immediately provide notice to COMPANY of any interference or the exercise of CITY’s shut off rights pursuant to this SECTION. D. COMPANY shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“FCC”), if any, and in compliance with all applicable FCC rules and regulations.

Frequency Interference. A. (1) COMPANY will not cause, permit or allow the installation, operation, maintenance or use of an the ANTENNA FACILITY FACILITIES or any other equipment installed pursuant to this AGREEMENT to interfere with: (1) any CITY use of the PROPERTY; (2) , CITY equipment used at the PROPERTY; (3) CITY communicationscommunications ; and/or (4) or any pre-existing third party uses of the PROPERTY PROPERTY, or any other CITY property, including uses of communications equipment, which uses were authorized or planned by CITY prior to the execution of this Agreement. COMPANY shall immediately provide, in writing, to the CITY at the address set forth for notices in SECTION 15Section 18, herein, the frequencies utilized in the operation of the ANTENNA FACILITIES. COMPANY shall also provide the CITY, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. COMPANY shall not begin any work on the PROPERTY pursuant to this AGREEMENT until these frequencies have been approved in writing by CITY’s Chief Information Officer or any other person that may be designated to make such approval by CITY’s City Manager. B. (2) COMPANY shall ensure that its use of an the ANTENNA FACILITY FACILITIES does not interfere with any communication transmissions in the vicinity of the PROPERTY, including without limitation, the CITY’s ’S public safety transmissions, police and fire communications, CITY’s ’S internal or external communications, communications by CITY’s tenants, or communications used in the connection with the San Xxxx International Airportby CITY or CITY’S pre-existing communications tenants. COMPANY shall operate the ANTENNA FACILITY FACILITIES in such a manner that all communications sent or received by the ANTENNA FACILITY FACILITIES shall be separated from all CITY communications frequencies, including without limitation, CITY communications listed in the preceding sentence, by at least 1 megahertz. C. (3) If COMPANY’s construction, installation, maintenance, operation, use or removal of an the ANTENNA FACILITY FACILITIES violates this provision, COMPANY shall immediately eliminate such violation or interference. If COMPANY fails to immediately eliminate such violation or interference, CITY may, in addition to and without compromising any other remedy available to CITY, immediately cut off power to the facility FACILITIES in the manner set forth in SECTION 14 3.N., below. CITY shall immediately provide notice to COMPANY of any interference or the exercise of CITY’s shut off rights pursuant to this SECTIONSubsection. D. (4) COMPANY shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“FCC”), if any, ) and in compliance with all applicable FCC rules and regulations.

Frequency Interference. A. COMPANY will not cause, permit or allow the installation, operation, maintenance or use of an the ANTENNA FACILITY FACILITIES or any other equipment installed pursuant to this AGREEMENT to interfere with: (1) any CITY use of the PROPERTY; (2) , CITY equipment used at the PROPERTY; (3) CITY communications; and/or (4) or any pre-existing third party uses of the PROPERTY or any other CITY property, including uses of communications equipment, which uses were authorized or planned by CITY prior to the execution of this AgreementAGREEMENT. COMPANY shall immediately provide, in writing, to the CITY at the address set forth for notices in SECTION Section 15, herein, the frequencies utilized in the operation of the ANTENNA FACILITIES. COMPANY shall also provide the CITY, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. COMPANY shall not begin any work on the PROPERTY pursuant to this AGREEMENT until these frequencies have been approved in writing by CITY’s Chief Information Officer or any other person that may be designated to make such approval by CITY’s City Manager. B. COMPANY shall ensure that its use of an the ANTENNA FACILITY does not interfere with any communication transmissions in the vicinity of the PROPERTY, including without limitation, the CITY’s public safety transmissions, police and fire communications, CITY’s internal or external communications, communications by CITY’s tenants, or communications used in the connection with the San Xxxx International Airport. COMPANY shall operate the ANTENNA FACILITY in such a manner that all communications sent or received by the ANTENNA FACILITY shall be separated from all CITY communications frequencies, including without limitation, CITY communications listed in the preceding sentence, by at least 1 megahertz. C. If COMPANY’s construction, installation, maintenance, operation, use or removal of an the ANTENNA FACILITY violates this provision, COMPANY shall immediately eliminate such violation or interference. If COMPANY fails to immediately eliminate such violation or interference, CITY may, in addition to and without compromising any other remedy available to CITY, immediately cut off power to the facility in the manner set forth in SECTION 14 below. CITY shall immediately provide notice to COMPANY of any interference or the exercise of CITY’s shut off rights pursuant to this SECTION. D. COMPANY shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“FCC”), if any, and in compliance with all applicable FCC rules and regulations.

Frequency Interference. A. COMPANY will not cause, permit or allow the installation, operation, maintenance or use of an any ANTENNA FACILITY or any other equipment installed pursuant to this MASTER AGREEMENT to interfere with: (1) any CITY use of the applicable PROPERTY; (2) CITY equipment used at the applicable PROPERTY; (3) CITY communications; and/or (4) or or, unless approved by such third party, any pre-pre- existing third party uses of the applicable PROPERTY or any other CITY property, including uses of communications equipment, which uses were authorized or planned by CITY prior to the execution of this AgreementMASTER AGREEMENT or individual SLA. Upon written request from CITY, COMPANY shall immediately provideprovide within five (5) business days after request therefor, in writing, to the CITY at the address set forth for notices in SECTION 15, herein, the frequencies utilized in the operation of the each and every ANTENNA FACILITIESFACILITY. COMPANY shall also provide the CITY, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. COMPANY shall not begin any work on the any PROPERTY pursuant to this MASTER AGREEMENT until these frequencies have been approved in writing by CITY’s Chief Information Officer or any other person that may be designated to make such approval by CITY’s City Manager. B. COMPANY shall ensure that its use of an each and every ANTENNA FACILITY does not interfere with any communication transmissions in the vicinity of the applicable PROPERTY, including without limitation, the theof CITY’s public safety transmissions, police and fire communications, CITY’s internal or external communications, communications used by CITY’s tenantstenantsCITY, or communications used in the connection with the San Xxxx International Airport. At the request of CITY, COMPANY shall operate the each and every ANTENNA FACILITY in such a manner that all communications sent or received by the ANTENNA FACILITY shall be separated from all CITY communications frequencies, including without limitation, CITY communications listed in the preceding sentence, by at least 1 megahertz. If CITY makes such a request, CITY shall provide COMPANY with a list of the frequencies used by CITY and CITY and COMPANY shall cooperate to ensure there is no interference with CITY’s public safety transmissions, police and fire communications, CITY’s internal or external communications or any other communications used by CITY. C. If COMPANY’s construction, installation, maintenance, operation, use or removal of an ANTENNA FACILITY violates this provision, COMPANY shall immediately eliminate such violation or interference. If COMPANY fails to immediately eliminate such violation or interference, CITY may, in addition to and without compromising any other remedy available to CITY, immediately cut off power to the facility in the manner set forth in SECTION 14 below. CITY shall immediately provide notice to COMPANY of any interference or the exercise of CITY’s shut off rights pursuant to this SECTION, provided, however, if there is no danger to the public health, safety or welfare of the public, then CITY and COMPANY will cooperate to eliminate such interference and CITY may agree to delay any termination or cutting off of power to the ANTENNA FACILITY. D. COMPANY shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“FCC”), if any, and in compliance with all applicable FCC rules and regulations.

Frequency Interference. A. COMPANY will not cause, permit or allow the installation, operation, maintenance or use of an ANTENNA FACILITY FACILITIES or any other equipment installed pursuant to this AGREEMENT to interfere with: (1) any CITY use of the PROPERTYPROPERTIES; (2) CITY equipment used at the PROPERTYPROPERTIES; (3) CITY communications; and/or (4) or any pre-pre- existing third party uses of the PROPERTY PROPERTIES or any other CITY property, including uses of communications equipment, which uses were authorized or planned by CITY prior to the execution EFFECTIVE DATE of this AgreementAGREEMENT. Prior to commencement of construction of the ANTENNA FACILITIES, COMPANY shall immediately provide, in writing, to the CITY at the address set forth for notices in SECTION 15, herein, the frequencies utilized in the operation of the ANTENNA FACILITIES. COMPANY shall also provide the CITY, at the same address, with written notice of any intended changes in those frequencies, a description of those frequencies and the dates that those frequency changes are anticipated to occur, at least thirty (30) days prior to the date that those frequency changes are anticipated to occur. COMPANY shall not begin any work on the PROPERTY PROPERTIES pursuant to this AGREEMENT until these frequencies have been approved in writing by CITY’s Chief Information Officer or any other person that may be designated to make such approval by CITY’s City Manager.m B. COMPANY shall ensure that its use of an ANTENNA FACILITY FACILITIES does not interfere with any communication transmissions in the vicinity of the PROPERTYPROPERTIES, including without limitation, the CITY’s public safety transmissions, police and fire communications, CITY’s internal or external communications, communications by CITY’s tenants, or communications used in the connection with the San Xxxx International Airport. COMPANY shall operate the ANTENNA FACILITY FACILITIES in such a manner that all communications sent or received by the ANTENNA FACILITY FACILITIES shall be separated from all CITY communications frequencies, including without limitation, CITY communications listed in the preceding sentence, by at least 1 megahertz. C. If COMPANY’s construction, installation, maintenance, operation, use or removal CO ANTENNA FACILITIES violates the provisions of an ANTENNA FACILITY violates this provisionSECTION 13, COMPANY shall immediately eliminate such violation or interference. COMPANY may coordinate with CITY to conduct intermittent testing on the interfering equipment. If COMPANY fails to immediately eliminate such violation or interference, CITY may, in addition to and without compromising any other remedy available to CITY, immediately cut off power to the facility in the manner set forth in SECTION 14 below. CITY shall immediately provide notice to COMPANY of any interference or the exercise of CITY’s shut off rights pursuant to this SECTION.to D. COMPANY shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“or otherwise allowed by the FCC”), if any, and in compliance with all applicable FCC rules and regulations.