Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 3 contracts
Samples: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s 's Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s 's expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 2 contracts
Samples: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)
Interference. Without limiting a. LICENSEE, in the generality performance and exercise of its rights and obligations under this Agreement and any Supplement, agrees to install Equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards, or otherwise interfere in any manner with the equipment of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: higher priority users (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in Paragraph III.d) including, but not limited to, the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities, cable television, location monitoring services, public safety and other then-existing telecommunications equipment, utility, or any municipal property, without the express written approval of the LICENSOR or other higher priority users, or except as otherwise permitted with regard to LICENSOR's Properties pursuant to this ParagraphAgreement. If In the event any LICENSEE Equipment causes such interference, and after LICENSOR has notified LICENSEE of such interference by a written communication and a call to LICENSEE's NOC (at (800) 264- 6620), LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference including, but not limited to, at LICENSEE's option, powering down the interfering equipment and later powering up the interfering equipment for intermittent testing. The LICENSEE agrees to cooperate with subsequent users of the Premises to resolve issues affecting interference with signals.
b. The LICENSOR agrees that after the LICENSEE has attached Equipment to a specific Site, other tenants, licensees, or Light Pole users who currently have or in the future take possession of space at the Site, with the exception of any higher priority users, will not be permitted to install new or additional equipment that is of the type and frequency which would cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing Equipment of LICENSEE or otherwise interfere with the existence and operation of equipment of higher priority users. More specifically, the LICENSOR will attempt to require each subsequent user to provide the LICENSOR with either of the following:
(a) a radio frequency interference study carried out by an independent professional radio frequency engineer ("Independent RF Engineer") approved by the LICENSOR showing that such subsequent user's proposed use will not interfere with any existing, licensed communications facilities, LICENSOR's licensed and unlicensed communications facilities, or other higher priority users, if any; or (b) a certificate of compliance from a professional radio frequency engineer employed by or chosen by the subsequent user verifying that the installation by the subsequent user, along with LICENSEE's Equipment, will result in signals that are in compliance with then-existing RF emission requirements of the FCC and that such user's equipment will not cause interference with LICENSOR's, LICENSEE's or any other third party's existing use of the Light Pole on the Site or Property.
c. LICENSOR's obligations with respect to interference by third parties is limited to requiring compliance with the above criteria. The LICENSOR does not warrant that LICENSEE will be free from interference caused by Tenant has not been corrected within ten third parties. However, in the event the LICENSEE claims interference by a subsequent user or a prior user claims interference by LICENSEE, the LICENSOR may attempt to facilitate discussions between the parties. Otherwise, LICENSEE and other users must hire their own professional radio frequency engineers or engage in dispute resolution against the other (10) days after notice including court action, as necessary).
d. Where agreed by LICENSEE and any other user(s), determinations as to Tenantthe occurrence of harmful interference may be made by an Independent RF Engineer (as defined in Paragraph XV.b), Landlord may (i) require Tenant to remove which agreement would also address the specific Equipment causing such interference, or (ii) eliminate party responsible for the interference at Tenant’s expensecosts of the Independent RF Engineer's analysis. If additional dispute resolution is necessary, LICENSOR shall encourage the equipment of any other party causes interference affected parties to resolve the dispute as quickly and efficiently as possible, at no cost to the LICENSOR.
e. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the Equipmentprovisions of this Article, Tenant and therefore, either Party shall reasonably cooperate with have the right to equitable remedies, such other party to resolve such interference in a mutually acceptable manneras, without limitation, injunctive relief and specific performance.
Appears in 2 contracts
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if reasonably requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all actual costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphParagraph provided such interference is actually caused by Tenant. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 2 contracts
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate be responsible to ensure that no Lines or telecommunications or other signal or data reception or transmission equipment installed in the Equipment in a manner so as Premises or on the rooftop of the Building pursuant to not Section 34 below (“Equipment”) cause any electrical, electromagnetic, radio frequency frequency, or other material interference with the Building Systems or any other equipment of Landlord or any third party (including any telecommunication or other signal or data reception or transmission equipment and/or system in or serving the Project, its occupants, and/or Landlord), or otherwise interfere with the use and operation enjoyment of any: (a) television or radio equipment in or about the Project; (b) transmittingProject by Landlord, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion tenant of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord , or any current licensee person or tenant of entity that has entered or will enter into an agreement with Landlord to install telecommunications or other signal or data reception or transmission equipment in the Project (andcollectively, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment“Interference”). Upon notice of any such interferenceInterference, Tenant shall immediately cooperate with Landlord to identify the source of the interference Interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Lines and Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed) until the interference Interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference Interference is not caused by the Tenant’s Lines or Equipment, in which case Tenant may operate its Lines or Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphInterference. If any such interference caused by Tenant Interference has not been corrected within ten (10) business days after notice to TenantTenant of its occurrence, Landlord may (i) require Tenant to remove the specific Line or Equipment causing such interferenceInterference, or (ii) eliminate the interference Interference at Tenant’s expense, provided such Interference is actually caused by Tenant’s Lines or Equipment. If the lines or equipment of any other party causes interference Interference with the Tenant’s Lines or Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference Interference in a mutually acceptable manner.
Appears in 2 contracts
Samples: Office Lease (PACIFIC GAS & ELECTRIC Co), Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co)
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s 's Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-twenty- four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s 's expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 1 contract
Samples: Lease (Guidewire Software, Inc.)
Interference. Without limiting the generality of A. Should any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the ECC be detected by any of Lessor's employees, contractors, agents, or an FCC regulatory entity, Lessee and all other tenants and persons or entities given permission to use the Site shall be notified immediately by Lessor, and operation of any: (a) television Lessor may require Lessee and all other tenants, persons, or radio equipment in or about entities using the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion Site for telecommunication purposes to immediately cease operations of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does suspected Equipment causing such interference and not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify resume until the source of the interference has been identified. Lessor shall permit Lessee to conduct intermittent testing of its Equipment to determine the cause of the interference. If it is determined, to Lessor's sole satisfaction, that Lessee's equipment is not the cause of the interference, then Lessor shall permit Lessee to recommence with the transmit and shallreceive operation of its equipment. Lessee and Lessor shall be notified orally at the following 24-hour response telephone numbers: ECC: 000-000-0000 LESSEE: 0-000-000-0000 Lessee must immediately notify Lessor, within twentyin writing, when Lessee's 24-four (24hour response telephone number(s) hourschanges. Notwithstanding any provision of this Lease to the contrary, Lessor may immediately terminate this Lease, without any liability whatsoever to Lessor, if requested by LandlordLessee fails to provide Lessor with a working 24- hour response telephone number or if Lessee fails to report any change to such telephone number. Lessee will cooperate with any other tenants and persons or entities given permission to use the Site as necessary to identify and eliminate such interference. All proposed methods of testing for and eliminating such interference shall be subject to the prior written approval of Lessor's technical staff or consultant. Lessor will provide reasonable cooperation and assistance in these efforts. Failure of Lessee to eliminate, cease all to Lessor's sole satisfaction, interference determined to derive from Lessee's equipment or operations shall be a default of this Lease. Lessor agrees that the tenants of the Site will be allowed to resume their operations in the order which it is determined that they are not the interfering entity.
B. Lessee agrees to install and operate the Equipment and frequency that will not cause frequency interference with other forms of radio, including any modification to any of its equipment, in a manner which shall not cause technical interference to Lessor, nor to other lessees with tenancies and rights for telecommunications equipment frequency communications existing on the Site as of the date of this Lease or as may be in existence in the future, so long as reasonably prevalent. Lessee shall comply with all current and future federal, state and local laws, ordinances, regulations, policies, and guidelines governing the installation and operation of the equipment and the use of the Site. Lessor shall not knowingly enter into any agreements which would allow any other use of the Site which use will knowingly cause interference with Lessee's use. In the event of such interference, Lessor shall take all reasonable steps to ensure that the party causing the interference takes appropriate action to correct and eliminate the interference to the extent that such steps do not cause Lessor additional financial liability or administrative expense. Should such interference continue after Lessor's attempts to eliminate the interference, Lessee may (except for intermittent testing i) take such legal or equitable action as approved lessee may deem appropriate to enforce its rights under this Lease and (ii) terminate this Lease, either immediately or after Lessee's efforts to obtain such enforcement, in either case without further obligation or liability whatsoever to Lessor hereunder. Interference shall mean degradation, interruption or blockage of signals transmitted or received on the Site by Landlordeither party or acts which prevent or obstruct either party from operating or maintaining its equipment on the Site. Lessee agrees that, upon request, it will provide technical information to any other prospective tenants who may wish to install communications equipment on the Site, which approval information shall not be unreasonably withheld) until include the nature of the equipment, operating frequencies and power output, and equipment locations utilized by Lessee.
X. Xxxxxx agrees that it will include provisions substantially similar to this Section in all other agreements it may enter into for the use of the Site for communications transmission or reception.
D. Upon discovery by either Lessor or Lessee of interference, damage or other emergency conditions in or affecting equipment belonging to either party, the party discovering the emergency condition shall notify the other by telephone at the 24-hour response numbers.
E. In the event Lessee’s equipment causes such interference, Lessee agrees it will take all steps necessary to correct and eliminate the interference has been corrected consistent with appropriate government rules and regulations upon receipt of notification of the interference. Lessee shall be obligated to respond to the reasonable satisfaction problem of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that interference immediately from Lessor and if the interference is not caused by corrected the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant equipment causing such interference shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove immediately removed from the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable mannerLeased Premises.
Appears in 1 contract
Samples: Deed of Lease
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphSection. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 1 contract
Samples: Office Lease (ShoreTel Inc)
Interference. Without limiting the generality of any other provision hereof, Tenant The LICENSEE shall install, maintain and operate the its Equipment at all times in a manner so as to that will not cause any electrical, electromagnetic, interfere with radio frequency or other material interference with the use and operation of any: (a) television or radio and/or electrical equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonableCOUNTY, any future existing tenant or licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphProperty. If any such interference caused occurs, in the reasonable assessment of the COUNTY, based upon verifiable data or testing, and is not corrected by Tenant has the LICENSEE within forty-eight (48) hours after written notification, the COUNTY shall have the right to require the LICENSEE to shut down and repair the LICENSEE'S Equipment, except for brief tests (not been corrected within ten (10to exceed 5-10 minutes every hour) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing eliminate such interference, or (ii) eliminate the interference at Tenant’s expense. If the COUNTY believes the LICENSEE’S Equipment is causing interference, LICENSEE at LICENSEE’S sole cost, shall arrange for interference testing to be conducted in coordination with COUNTY staff present during the testing. The COUNTY shall not be held responsible for any interference to the LICENSEE’S Equipment or operations, provided the COUNTY exercises due care and otherwise complies with this Agreement. Similarly, COUNTY agrees that after execution of this Agreement, any tenants or licensees of the Property will be permitted to install such radio equipment that is of the type and frequency that will not cause interference to the LICENSEE. In the event future equipment of any other party tenants or licensees of the Property causes interference with to the EquipmentLICENSEE and is not corrected by the interfering party within forty-eight (48) hours of notification, Tenant the COUNTY shall reasonably cooperate with such other require the interfering party to resolve such immediately shut down the interfering equipment until the interference in a mutually acceptable manneris corrected, except for intermittent testing.
Appears in 1 contract
Samples: License Agreement
Interference. (a) Without limiting the generality of any other provision hereof, Tenant shall installensure that the installation, maintain maintenance, operation and operate use of the Equipment shall not (i) damage or interfere in a manner so as any way (whether due to not cause microwave, radio frequency, electronic, electromagnetic or other interference) with operation or use of any systems, equipment or devices (whether electrical, electromagneticcommunications, radio frequency computer or any other material interference with the type of systems, equipment or devices) serving or in use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently now or hereafter located in any portion by the Building, the Project or the occupants or licensees of the Projecteither; or (cii) radio communication system now subject Landlord to risk of civil or hereafter used criminal damages or desired penalties. If the installation, maintenance operation or use of the Equipment causes such damage or interference or subjects Landlord to be used by such damages or penalties, or if Landlord determines in its good faith discretion that there is a reasonable basis indicating that such installation, maintenance, operation or any current licensee use is so causing such interference or tenant of subjecting Landlord to such damages or penalties, then upon notice from Landlord (and, to which may be verbal notice in the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice event of any such interferenceactual interference so long as it is followed by written notice), Tenant shall immediately cooperate with stop the activity causing such interference or subjecting Landlord to identify such damages or penalties and shall not resume such activity unless and until it may be resumed without causing such interference or subjecting Landlord to such damages or penalties. Without limiting the source generality of the interference foregoing, and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction an additional remedy of Landlord, unless if Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant able to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any resume such activity without causing such interference caused or subjecting Landlord to such damages or penalties, then at Landlord's option, exercisable by Tenant has not been corrected within ten (10) days after written notice to Tenant, Landlord may terminate this License.
(ib) require If there is material interference with Tenant's ability to operate its Equipment at the Roof Space caused by Landlord or Landlord's employees', agents' or contractors' acts or omissions, or caused by another entity whose use of the Roof or other part of the Project and whose equipment thereon interferes with Tenant's permitted use hereunder, Landlord shall exercise good faith efforts to alleviate the cause of said interference, subject to the rights of such entity. If said interference is not alleviated within thirty (30) days, Landlord shall make a good faith effort to allow Tenant to remove relocate to other mutually acceptable Roof space where the specific Equipment causing such interferenceproperly functions, or (ii) eliminate which site thereafter will be substituted for the interference at Tenant’s expensespace originally designated as the Roof Space. If Landlord does not offer or the equipment of any other party causes interference with the Equipmentparties do not agree upon a mutually acceptable relocation site, Tenant shall reasonably cooperate with such other party have the right to resolve such interference in a mutually acceptable mannercancel and terminate this License as its sole and exclusive remedy hereunder.
Appears in 1 contract
Samples: Office Lease (Calico Commerce Inc/)
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s 's Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphSection. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s 's expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 1 contract
Interference. Without limiting (i) Tenant agrees to use commercially reasonable efforts to insure that the generality Equipment will not cause material interference with (i) any existing communications equipment installed on the Building, or (ii) with the ability of other tenants/occupants of the Building as of the date of this Lease to receive or transmit radio, television, telephone, microwave, short-wave, long-wave or other signals of any sort presently or hereafter installed, or (iii) with any equipment, installation, wires, cabling or machinery (electronic or other wise) at the Building. Should interference occur, Landlord shall provide Tenant with notice of such interference ("Landlord's Interference Notice") and Tenant shall promptly make all commercially reasonable necessary repairs and adjustment, at Tenant's sole cost and expense, to attenuate the interference to Landlord's reasonable satisfaction and any costs and expenses incurred by Landlord in connection therewith shall be paid to Landlord by Tenant within thirty (30) days after Tenant's receipt of Landlord's Interference Notice.
(ii) Landlord shall include in antenna site agreements Landlord executes in the future a provision hereofrequiring future antenna site users to use commercially reasonable efforts not to interfere with the radio signals generated from the Premises. Landlord shall have no liability to Tenant for Landlord's failure to include such a provision in further agreements.
(iii) Prior to the installation of any of the Equipment, Tenant shall installobtain and supply to Landlord a written evaluation of the Premises to determine if the operation of the Equipment together with the other electrical equipment located at the Building, maintain would cause any location in the Building to exceed the FCC radiated power density maximum permissible exposure for workers and the general public or would otherwise expose Landlord to liability to third parties due to such exposure (hereinafter the "MPE"), Tenant shall operate the Equipment in a manner so as to that will not cause any electrical, electromagnetic, radio frequency or other material interference with exceed the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable mannerMPE.
Appears in 1 contract
Samples: Lease Agreement (Equinix Inc)
Interference. Without limiting the generality of any other ------------ provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the ProjectBuilding; (b) present or future electronic control system for any of the Building's operating services and/or Building Systems or the operation of the elevators in the Building; (c) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (cd) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future other licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphSection. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s 's expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 1 contract
Samples: Lease (Ydi Wireless Inc)
Interference. Without limiting (a) Lessee shall conduct its communications system activities in accordance with all FCC regulations and sound engineering practices and shall cooperate to the generality of any fullest extent with other provision hereof, Tenant shall install, maintain tenants and operate the Equipment in a manner Lessor so as to not cause anticipate and prevent any electrical, electromagnetic, radio frequency or other material interference with any and all tenants installed prior to the installation of the Facilities of Lessee or any alteration thereto. In the event the use and operation of any: (a) television Lessee's Facilities results in interference with, or radio signal diminution of any equipment in or about of any tenant installed prior to the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion installation of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord Facilities of Lessee or any current licensee or tenant alteration thereto and the equipment receiving such interference is operating in accordance with manufacturer's specifications, good engineering practice and the rules of Landlord (andthe FCC, Lessee shall, upon notice from Lessor, take all necessary steps to correct and eliminate the extent commercially reasonable, any future licensee or tenant interference and/or signal diminution within a reasonable length of Landlordtime, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within in no event more than twenty-four (24) hourshours after having been given such notice by Lessor, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until unless otherwise agreed to in writing. If the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of and/or signal diminution is not eliminated within such twenty-four (24) hour period period, Lessee shall reduce power to a level resulting in the cessation of such interference, or if that is unavailing, shall cease using the Facility causing the interference and/or signal diminution, except for tests of short duration under terms acceptable to Lessor in order to eliminate the problem, and Lessee will not resume operation using full power of such equipment until the problem is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant eliminated. Failure of Lessee to comply with the terms of this LeaseSection 9.3(a) shall constitute a material breach of this Agreement.
(b) Lessee shall comply with any conditions which the FCC and/or any other governmental authority may impose with respect to the installation and/or operation of Lessee's Facilities which Lessee may install on/or adjacent to the Tower and Equipment Space pursuant to this Agreement, and shall pay for all legal, engineering and other expenses incident thereto.
(c) Lessor will neither make nor allow changes or installations to be made on the Tower which will impair or interfere in any way with Lessee's signals or broadcast operations. Tenant In the event such interference to Lessee's signals or operations does occur, Lessor shall be responsible for all costs associated with so notified and shall take immediate steps to correct such interference; provided nothing herein shall require Lessor to correct or require to correct any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has the facilities of the Lessor, or any other tenant on the tower prior to the installation of Lessee's Facilities or such matter which pre-dated the installation of Lessee's Facilities, unless such interference is caused by a defect or malfunction in the facilities or the operation thereof is not been corrected in accordance with FCC authorizations. Failure of Lessor to comply with the terms of this Section 9.3(c) within thirty (30) days of notice, shall constitute a material breach of this Agreement.
(d) Lessee shall also bear the full cost of purchase and installation of any necessary filter devices as may be necessary to reduce intermodulation products caused by the co-location of the Lessee's, and other pre-existing tenant's facilities and which are attributable to Lessee's Facilities.
(e) Lessor shall require in all future agreements to lease space on the Tower, provisions substantially similar to those contained in Article IX hereof. Notwithstanding the foregoing, any costs, fees or expenses, including, without limitation, attorneys fees and a reasonable fee for any time expended by Lessor's engineers, incurred by Lessor in enforcing said provisions due to (i) interference caused by Lessee's Facilities or their operation or (ii) at the request or demand of Lessee, shall be paid by Lessee within ten (10) days after its receipt of written notice of said amounts; provided Lessor shall assign its rights to Tenant, Landlord may (i) require Tenant to remove collect said amounts from the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other interfering party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable mannerif different from Lessee.
Appears in 1 contract
Samples: Tower Lease Agreement (Salem Communications Corp /De/)
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the ProjectBuilding; (b) present or future electronic control system for any of the Building’s operating services and/or Building Systems or the operation of the elevators in the Building; (c) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (cd) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future other licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this ParagraphSection. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the specific Equipment causing such interference, or (ii) eliminate the interference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable manner.
Appears in 1 contract
Interference. Without limiting the generality Lessee agrees to install (and shall cause each Carriers to install) equipment of any other provision hereof, Tenant shall install, maintain a type and operate the Equipment in a manner so as to frequency which will not cause any electrical, electromagnetic, frequency interference with other forms of radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion communications existing on Lessor’s property as of the Project; date of this Lease or as may be in existence in the future (cso long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) radio communication system now or hereafter used or desired to be used by Landlord rules and regulations. In the event Xxxxxx’s or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of TenantCarrier’s Equipment). Upon notice of any equipment causes such interference, Tenant Xxxxxx agrees it will take all steps necessary, or shall immediately cooperate cause all such steps to be made, to correct and eliminate the interference consistent with Landlord to identify the source all government rules and regulations upon receipt of written notification of the interference. Lessee shall be obligated, and shall cause each Carrier, to correct the problem of interference and shall, within twentyforty-four eight (2448) hours, if requested by Landlord, cease all operations hours of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction receipt of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that written notice from Lessor. If the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten such forty-eight (1048) days after notice hour period, Lessor shall have the right, or shall have the right to Tenantcause Lessee, Landlord to disconnect or terminate power to any interfering equipment or turn such equipment off (other than for short tests to determine the nature of the interference, provided that Lessor reasonably approves of such tests in advance). Thereafter, such interfering Carrier may (i) require Tenant attempt to remove the specific Equipment causing correct such interference, which may include reactivating the equipment or restoring power thereto, provided that Lessor reasonably approves of such reactivation or restoration in advance, for a period of one hundred and twenty (ii120) eliminate the interference at Tenant’s expensedays. If such interference cannot be cured within such one hundred and twenty (120) period, Lessor shall have the right, or shall have the right to cause Lessee to, immediately remove the interfering equipment from the Monopole. Notwithstanding the forgoing, and to the extent any Lessor approved test requires the facilitation or cooperation of any Lessor, Xxxxxx agrees, subject to the other party causes interference with the Equipmentprovisions hereof, Tenant shall to act reasonably cooperate with such other party to resolve such interference in a mutually acceptable mannerfacilitation or cooperation.
Appears in 1 contract
Interference. Without limiting Preliminary Steps to Avoid Interference. Before Lessee shall make any new installation on the generality Leased Premises or on the Tower after the date hereof, notification of the particulars of such proposed installation shall be submitted to Lessor hereto and any other provision hereoflessees or users of Tower space whose names and addresses are supplied to Lessee by Lessor in writing, Tenant shall install, maintain and operate the Equipment in a manner so as Lessor and such other users will be requested to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the source of the interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipmentadvise, in which case Tenant may operate its Equipment pursuant to writing, the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any Lessee and all interference Lessor, as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected applicable, within ten (10) days after notice receipt of such notification, whether they have any reasonable objections thereto on the grounds that objectionable interference may result; provided, this Section 11.01 shall not apply to Tenantany currently installed Lessee's Property or its replacement, Landlord may maintenance or repair. If the Lessor or any other user shall reasonably object within this period to such plans and Lessee is unwilling to alter its plans to meet the objections, the dispute shall be submitted to an independent professional engineer chosen by Lessor, and such engineers decision shall be final and binding upon all parties. The cost of any such studies shall be borne by Lessee. Interference with Lessor, Lessee, or Others. Notwithstanding the provisions of Paragraph 11.01, should any change, after the date hereof, in the facilities or mode of operation of Lessee or Lessee's failure to comply with the Maintenance Standards, as defined in Paragraph 11.04, cause any objectionable electrical or physical interference (iincluding interference from any other structure erected on the Tower Site) require Tenant to remove the specific Equipment causing television and/or radio broadcasting and/or receiving operations of any other lessee, then, promptly after written notification of such interference, the Lessee, at its sole expense, will take such steps as may be reasonably required to correct such interference, including, but not limited to, changing frequency, ceasing transmission, reducing power, and/or the installation of any filters or (ii) eliminate other equipment, provided that, if such interference is caused, after the date hereof, by the failure of the Lessor or any other lessee suffering the interference to comply with the Maintenance Standards, as defined in Paragraph 11.04, then Lessor shall, or shall cause the other lessee suffering the interference, at Tenant’s its sole expense, to comply with such Maintenance Standards. Any dispute as to the cause of interference, or the steps reasonably required to correct it, arising under this Paragraph 11.02, shall be submitted to an independent professional engineer chosen by Lessor, and such engineer's decision shall be final and binding upon the parties. If such interference is found to be caused by such changed facilities or operation, the fees and charges of the engineer to whom the dispute is referred shall be borne by the party whose changed facilities or mode of operations gave rise to the claimed interference. If such interference is found not to be caused by such changed facilities or operations, the fees and charges of the engineer to whom the dispute is referred shall be borne by the objecting party. All other leases and/or agreements to lease space at the Tower Site shall contain this language. Interference by Other User. Any subsequent agreement under which Lessor allows any other person to occupy any portion of the Tower, Tower Site or any building shall provide that, should the installation, operation, or maintenance of the equipment or the activities of such other person cause any objectionable interference with the operations of Lessor or Lessee, then, promptly after written notification of such, such other tenant or user, at its sole expense, will take such steps as may be reasonably necessary to correct such interference, including, but not limited to, changing frequency, ceasing transmission, reducing power, and/or the installation of any filter or other equipment, provided that if such interference is caused by the failure of any other party causes lessee to comply with the Maintenance Standards, as defined in Paragraph 11.04, such other lessee will, at its sole expense, comply with such Maintenance Standards. To the best of its ability, Lessor shall not permit any operations by other tenants, the effect of which would be to prohibit Lessee from operating in the manner contemplated herein, without the prior written consent of Lessee. Lessor shall have no liability for any action or omission taken upon reasonable reliance on the recommendation of qualified engineering personnel. Lessor agrees that it will take commercially reasonable efforts to ensure that the installation, operation or maintenance of its equipment which is installed after the commencement date of this Lease on, in or around the Tower, Tower Site [or the Transmitter Building] shall not cause any objectionable interference with the Equipment, Tenant shall reasonably cooperate with such other party to resolve operations of Lessee. Immediately upon notification of such interference in a mutually acceptable mannerby Lessee, Lessor shall at its sole expense take such steps as may be reasonably necessary to correct such interference, including, but not limited to, changing frequency, ceasing transmission, reducing power, and/or the installation of any filter or other equipment.
Appears in 1 contract
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio TENANT agrees to only allow equipment in or about to be installed on the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion Premises that is of the Project; type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LANDLORD or (c) radio communication system now other persons lawfully on the Property who are using frequencies licensed to them by the FCC or hereafter used or desired to be used allowed by Landlord or the FCC for unlicensed use. In the event any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any after-installed Premises equipment causes such interference, Tenant and after LANDLORD has notified TENANT in writing of such interference, TENANT will immediately take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at TENANT’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LANDLORD be entitled to terminate this Lease or relocate the equipment as long as TENANT is making a good faith effort to remedy the interference issue. But if TENANT fails to immediately undertake remedial action, LANDLORD shall immediately cooperate with Landlord have the express right to identify the source seek an injunction to prevent any of the interference and shall, within twenty-four (24) hours, if requested activity prohibited by Landlord, cease all operations this Section or require the shutdown of the Equipment interfering communications equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheldshort tests to help remove the interference) until the interference has been corrected is removed. LANDLORD agrees that LANDLORD and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment (other than consumer, commercial or public safety grade electronics equipment operating as intended) that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the reasonable satisfaction then-existing equipment of LandlordTENANT. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this Paragraph and therefore, unless Tenant reasonably establishes prior either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
(b) During the expiration of such twenty-four (24) hour period that the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms term of this Lease. Tenant shall be responsible for all costs associated , Landlord, its successors and assigns, will not grant any ground lease, license, or easement with respect to the Property or any tests deemed reasonably necessary land adjacent to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may the Premises: (i) require Tenant to remove for any of the specific Equipment causing such interference, uses contemplated in paragraph 5 herein; or (ii) eliminate the interference at if such lease, license, or easement would materially and detrimentally impact Tenant’s expenseCommunications Facility, or the use thereof. If Landlord shall not cause or permit the equipment construction of any other party causes interference with radio or communications towers on the Equipment, Tenant shall reasonably cooperate with such other party to resolve such interference in a mutually acceptable mannerProperty.
Appears in 1 contract
Samples: Lease Agreement
Interference. Without limiting the generality Lessee agrees to install (and shall cause each Carriers to install) equipment of any other provision hereof, Tenant shall install, maintain a type and operate the Equipment in a manner so as to frequency which will not cause any electrical, electromagnetic, frequency interference with other forms of radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion communications existing on Lessor’s property as of the Project; date of this Lease or as may be in existence in the future (cso long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) radio communication system now or hereafter used or desired to be used by Landlord rules and regulations. In the event Lessee’s or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of TenantCarrier’s Equipment). Upon notice of any equipment causes such interference, Tenant Lessee agrees it will take all steps necessary, or shall immediately cooperate cause all such steps to be made, to correct and eliminate the interference consistent with Landlord to identify the source all government rules and regulations upon receipt of written notification of the interference. Lessee shall be obligated, and shall cause each Carrier, to correct the problem of interference and shall, within twentyforty-four eight (2448) hours, if requested by Landlord, cease all operations hours of the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction receipt of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that written notice from Lessor. If the interference is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten such forty-eight (1048) days after notice hour period, Lessor shall have the right, or shall have the right to Tenantcause Lessee, Landlord to disconnect or terminate power to any interfering equipment or turn such equipment off (other than for short tests to determine the nature of the interference, provided that Lessor reasonably approves of such tests in advance). Thereafter, such interfering Carrier may (i) require Tenant attempt to remove the specific Equipment causing correct such interference, which may include reactivating the equipment or restoring power thereto, provided that Lessor reasonably approves of such reactivation or restoration in advance, for a period of one hundred and twenty (ii120) eliminate the interference at Tenant’s expensedays. If such interference cannot be cured within such one hundred and twenty (120) day period, Lessor shall have the right, or shall have the right to cause Lessee to, immediately remove the interfering equipment from the Monopole. Notwithstanding the forgoing, and to the extent any Lessor approved test requires the facilitation or cooperation of any Lessor, Lessor agrees, subject to the other party causes interference with the Equipmentprovisions hereof, Tenant shall to act reasonably cooperate with such other party to resolve such interference in a mutually acceptable mannerfacilitation or cooperation.
Appears in 1 contract
Samples: Lease Agreement