Common use of Interference Clause in Contracts

Interference. a. Lessee agrees to install (and shall cause each Carriers to install) equipment of a type and frequency which will not cause frequency interference with other forms of radio frequency communications existing on Lessor’s property as of the date of this Lease or as may be in existence in the future (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. In the event Lessee’s or any Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with 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 within two (2) business days of receipt of written notice from Lessor. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Interference. a. Lessee agrees to install (27.1 The Licensee Equipment and shall cause each Carriers to install) the equipment of a type those who the Licensee controls and frequency which will is responsible for at law, shall not cause frequency interference interfere with other forms of radio frequency communications existing on Lessor’s property as the use and enjoyment of the date of this Lease or as may be in existence in Building by the future (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, stateLicensor, or countyBuilding tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) rules days written notice thereof and regulations. b. In the event Lessee’s or any Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or Licensee shall cause all such steps to be made, use commercially reasonable efforts to correct and eliminate the interference consistent with all government rules and regulations upon same, forthwith after receipt of written notification such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. Lessee At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be obligatedcorrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, and shall cause each Carrier, or if the parties cannot agree on commercially reasonable actions to correct such interference to the problem satisfaction of both parties, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference within two (2) business days of shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice from Lessornotice, the Licensor shall use its best efforts to correct such interference forthwith. If the such interference is not corrected within five (5) business days after the best efforts of receipt the Licensor, the resolution of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premisesdetermined pursuant to Section 29.1. c. 27.3 In the event Lessor’s equipment at interference is caused by a party to this License the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate party which did not cause the interference consistent with appropriate government rules shall be entitled to recover the cost of detection and regulations upon receipt of written notification rectification of the interference from either the other party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.

Appears in 3 contracts

Samples: Telecommunications, Telecommunications, Telecommunication and Building Access License

Interference. a. Lessee LICENSEE agrees to install (and shall cause each Carriers to install) equipment of a the type and frequency which will not cause frequency harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other forms of radio frequency communications existing on Lessor’s property as permitted users of the Property which existed on the Property prior to the date of this Lease or as may be in existence in Agreement is executed by the future (so long as reasonably prevalent)Parties. All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. In the event Lessee’s or any Carrier’s equipment after-installed Communications Facility causes such interference, Lessee agrees it and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with 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 within two (2) business days of receipt of written notice from Lessor. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all commercially reasonable steps necessary to correct and eliminate the interference consistent with appropriate government rules interference, including but not limited to, at LICENSEE’s option, powering down such equipment and regulations upon receipt of written notification of later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference from either partyissue. Lessor shall CITY shall, with reasonable notice to LICENSEE, be obligated entitled to respond power down immediately or cause to be powered down the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If Communications Facility where the interference is not corrected within five with traffic-control devices. CITY shall provide LICENSEE no less than thirty (530) business days of receipt any planned or routine maintenance of notification (traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing telecommunications use industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution provisions of this LeaseParagraph and therefore, either Party shall have the Lessor shall be under no obligation right to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceequitable remedies, such as, without limitation, injunctive relief and specific performance.

Appears in 3 contracts

Samples: Master Right of Way License Agreement, Master Right of Way License Agreement, Master Right of Way License Agreement

Interference. a. Lessee agrees (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to install (and shall cause each Carriers allow Tenant to install) equipment evaluate the potential for interference. Tenant warrants that its use of a type and frequency which the Premises will not cause frequency interference interfere with other forms of existing radio frequency communications user(s) on the Property so disclosed by Landlord, as long as the existing on Lessor’s property as of radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Lease Agreement, a lease, license or as any other right to any third party for use of the Property, if such use may be in existence any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the future right to install and operate communications equipment on the Property. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord. (d) The Landlord shall have the right to attach its radio communications equipment to the tower at no charge to the Landlord at a height of 60 to 65 feet so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. In the event Lessee’s or any Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with 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 within two (2) business days of receipt of written notice from Lessor. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used Landlord does not adversely affect the service provided by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceTenant.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Interference. a. Lessee (a) NBU acknowledges and agrees that it will not permit the installation of any additional antennas or equipment on the Tower or at the Tower Site, or the relocation of any existing antennas or equipment installed on the Tower or at the Tower Site, to install the extent NBU determines in its sole discretion that such installation or relocation would adversely affect COUNTY’s space on the Tower or COUNTY’s operation, use, or enjoyment of its Communications Facility, assuming the use of customary and commercially reasonable practices for wireless communication sites and towers thereon. (b) NBU shall not, and shall cause each Carriers to install) equipment of a type and frequency which will not cause frequency interference with permit any subsequent licensee, lessee, sublessee, or other forms of radio frequency communications existing on Lessor’s property as user of the date of this Lease Tower (collectively, “Other Lessees”), to (i) install or as may be in existence in change, alter or improve the future (so long as reasonably prevalent). All such equipment shall fully comply with all FCCfrequency, FAA, OSHA and other governmental (whether federal, statepower, or countytype of any communications equipment that interferes with the operation of COUNTY’s Communications Facility or is not authorized by, or violates, applicable Laws (hereinafter defined) rules and regulationsor is not made or installed in accordance with good engineering practices, or (ii) implement a configuration which interferes with the operation of COUNTY’s Communications Facility. b. (c) In the event Lessee’s of any interference occurring at the Tower Site as a result of any actions of NBU or any Carrier’s equipment causes Other Lessees described in Section (b) above, NBU shall use commercially reasonable efforts to resolve any such interferenceinterference problems, Lessee agrees it will take all steps necessaryincluding, or shall cause all such steps to be madewithout limitation, using its best efforts to correct and eliminate the interference consistent within forty-eight (48) hours of receipt by NBU of notification from COUNTY and, if requested by NBU, COUNTY shall perform at its expense an interference study in accordance with all government rules industry-standard procedures and regulations upon receipt practices. If unreasonable interference is confirmed and such interference cannot be corrected or eliminated within such 48-hour period NBU shall cause any of written notification NBU’s or its Other Lessees’ communications equipment that unreasonably interferes with the operation of COUNTY’s Communications Facility or COUNTY’s authorized frequency spectrum or signal strength, to immediately discontinue the cause of such interference. Lessee , including but not limited to, powering down or turning off such equipment, with the right to resume such interference only during off-peak hours specified by COUNTY in order to determine whether such interference continues or has been eliminated; provided, however, that if any interference continues at the time the interfering equipment is powered down, the communications equipment that interferes with the operation of COUNTY’s Communications Facility shall be obligated, and shall cause each Carrierturned off. If NBU or any such Other Lessee cannot correct or eliminate, to correct the problem reasonable satisfaction of COUNTY, such interference within two twenty (220) business days of receipt by NBU of written notice from Lessor. If COUNTY, NBU shall or shall cause such Other Lessee to cease the operations of the objectionable communications equipment and to stop providing services from the Tower Site until the interference problems are resolved; provided, however, that if NBU does not timely cease or cause such Other Lessee to cease such operations, COUNTY may elect to terminate this Agreement by written notice to NBU. (d) COUNTY shall not (i) install, change, alter or improve the frequency, power, or type of any communications equipment that interferes with the operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Tower Site or is not corrected within five authorized by, or violates, applicable Laws or is not made or installed in accordance with good engineering practices, or (5ii) business days implement a configuration which interferes with the operation of receipt of notification (NBU’s or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such any pre-existing Other Lessee’s or Carrier’s existing communications equipment causing such interference shall be disconnected and turned off or immediately removed from installed at the Leased PremisesTower Site. c. (e) In the event Lessor’s equipment of any interference occurring at the Tower Site causes frequency interferenceas a result of any action or inaction of COUNTY, Lessee COUNTY shall be responsible for coordinating and Lessor agree to cooperate to take all steps necessary resolving any such interference problems caused by COUNTY, including, without limitation, using its best efforts to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such nonforty-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.eight

Appears in 2 contracts

Samples: Interlocal Agreement, Interlocal Agreement

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Interference. a. (a) Lessor or its designated representative shall have the sole right during the term of this Agreement, upon prior written notice to Lessee, to require Lessee agrees to install (and shall cause each Carriers take whatever action is reasonably necessary to install) eliminate, to Lessor’s satisfaction, any objectionable interference by Xxxxxx's Equipment with equipment of any other user, lessee or licensee on the Towers. It shall be Lessee's responsibility to operate Xxxxxx's Equipment in a type and frequency which manner that will not cause frequency interference with other forms of radio frequency communications existing on Lessor’s property as to Lessor or any of the date other existing users of this Lease or as may the Site. (b) All operations by Lessee shall be lawful and in existence in the future (so long as reasonably prevalent). All such equipment shall fully comply compliance with all FCC, FAAor any other federal or state requirements. Lessee’s Equipment will operate under FCC Part 15 rules for unlicensed devices and as such it is subject to causing or receiving interference from other unlicensed Part 15 users. Should Lessor desire to lease Tower space in the future to any other Part 15 user, OSHA and other governmental (whether federalLessor will coordinate with Lessee the use of all Part 15 frequencies on each Tower. The FCC may notify operators of such service to discontinue operation or it may further regulate the use of the Part 15 frequencies. Regulation, stateinterference, or countyan order to discontinue service will cause the Site to be unusable by Xxxxxx. Lessee may cancel this Agreement with sixty (60) rules and regulations. b. In days written notice to Lessor that the event Site has become unusable for Lessee’s or any Carrier’s equipment causes such interference, operation. Lessee agrees it will take all steps necessary, or shall cause all such steps reserves the right to be made, replace Equipment and make changes to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interferenceWireless System as required by its FCC License. Lessee shall be obligated, obtain the required FCC Licenses before any licensed Equipment is put into service. (c) Lessee shall take all reasonable measures and shall cause each Carrier, precautions to correct prevent interference to other systems on the problem Site. Xxxxxx agrees to respond to complaints of interference reasonably suspected of being produced by its System, within two twenty- four (224) business days hours of receipt of written notice from Lessorsuch complaint. If the Xxxxxx agrees to promptly remedy such interference and, if necessary, to cease operations until such interference is not corrected within five (5) business days cured. Xxxxxx agrees to permit Lessor or an engineer of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Xxxxxx's choosing to inspect Lessee’s or Carrier’s equipment causing such interference shall be disconnected 's Wireless System and turned off or immediately removed from Equipment to ascertain the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee nature and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification extent of the interference from either partycomplained interference. Lessor shall Xxxxxx agrees not to place or cause to be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days)placed, then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering other communications equipment that would substantially supports Lessor’s existing interfere with Xxxxxx's ability to receive and transmit its signals. Notwithstanding the foregoing, this Agreement between Lessor and Lessee shall not prohibit Lessor from leasing space to other lessees for telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceuses.

Appears in 1 contract

Samples: Tower Lease Agreement

Interference. a. Lessee (a) Tenant agrees to install (Equipment only of types and shall cause each Carriers to install) equipment of a type and frequency generating frequencies, which will not cause frequency interference with to transmissions, or signals from Landlord and other forms of radio frequency communications existing on Lessor’s property as users of the date of this Lease or Project as may be already in existence in place or may hereafter be placed on the future (so long as reasonably prevalent)Project. All such equipment Tenant shall fully comply not change the frequency range outside of the 1850-1990 MHZ frequency range if it interferes with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. users within the Project. In the event Lessee’s or any Carrier’s equipment that the Equipment causes such interference, Lessee agrees it Tenant will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with 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 within two (2) business days of receipt of written notice from Lessor. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of interference. If the interference from either party. Lessor shall cannot be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site eliminated within two (2) business days of 48 hours after receipt of written notice from Lessee. If Landlord to Tenant, Tenant shall disconnect electronic power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) until such interference is corrected, and if such interference is not corrected within five (5) business 30 days of after receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days)the written notice, then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed Tenant agrees to remove the Equipment from the Site Project and replaced this Rider shall terminate as if by expiration. (b) Tenant will not permit the Equipment to create discernible adverse affects on any other equipment located on or in the Building, or transmissions or reception of signals of such other equipment. Tenant and Landlord acknowledge the Equipment emits electromagnetic fields. The guidelines for human exposure to these electromagnetic fields are recommended in "American National Standard Safety Levels with respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 KHZ to 100 XXX," (XXXX X00.x-0000) xxxued by the American National Standards Institute and adopted by the Federal Communications Commission, as same may be undated or amended from time to time (the "ANSI Standards"). Tenant agrees to fully comply with the latest adopted edition of the ANSI Standards and any other standards or regulations which may be adopted from time to time by governmental agencies having jurisdiction over the use of the Equipment. (c) Landlord shall have no liability for any interference to Tenant's operation of the Equipment caused by a third party. Landlord agrees to use reasonable efforts enforce upon any third party users of the Building roof the similar restrictions regarding interference as set forth in this Paragraph 4, provided that Landlord shall not be obligated to expend funds or institute a lawsuit against such third party user. (d) In the event of any default hereunder which remains uncured after expiration of the non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that monetary default cure period set forth in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, Landlord shall also have the Lessor shall be under no obligation right to replace terminate this Rider independent of or in connection with the unlicensed spectrum with a licensed spectrum to correct the interferenceLease termination.

Appears in 1 contract

Samples: Office Lease (Mackenzie Investment Management Inc)

Interference. a. Lessee agrees Lessor shall not use, nor shall Lessor permit its lessees, licensees, invitees or agents to install (and shall cause each Carriers to install) equipment use, any portion of a type and frequency the Site in any way which will not cause frequency results in material broadcast or electronic interference with other forms the quality of radio frequency Lessee’s wireless communications existing on Lessor’s property that are allowed by this Lease. Such interference, if documented in writing by Xxxxxx, agreed to by Lessor under Subparagraph (i) or determined to exist under Subparagraph (ii), and not corrected by Xxxxxx as of the date provided in this Paragraph 10, shall be deemed a material breach of this Lease or as may be in existence in the future (so long as reasonably prevalent)by Lessor. All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. In the event Lessee’s or any Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with 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 within two (2) business days of Upon receipt of written notice from Lessor. If the interference is not corrected within five by Xxxxxx of claimed interference, Xxxxxx shall have ten (510) business days to review the claim and notify Xxxxxx in writing that: (i) Xxxxxx agrees that interference prohibited by this Paragraph exists and the steps Lessor is or will be taking to eliminate the interference, which shall be within 30 days of receipt receiving Xxxxxx’s notice, or (ii) Lessor disagrees that interference prohibited by this Paragraph exists and the reasons for that position. Disputes regarding the existence of notification (prohibited interference shall be resolved, when necessary, by analysis and opinion of an independent expert, selected at random, from names submitted by Xxxxxx and Xxxxxx, with the cost of the independent expert to be paid by Xxxxxx, subject to reimbursement by Xxxxxx if the expert determines interference prohibited by this Paragraph exists. Any determination of such interference and any recommendations for correction of it by the independent expert shall be binding upon Lessee and Lessor and be implemented by Lessor at its cost within 30 days. If interference prohibited by this Paragraph is agreed or found to exist, Lessor shall be responsible for all costs to eliminate it and to take such time steps as may reasonably be required with exercise are necessary to require the interfering user of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s the Site to discontinue its use or Carrier’s equipment causing such interference (except for intermittent testing of equipment which shall be disconnected and turned off or immediately removed from the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt allowed by such party for an additional period of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two ten (210) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days). Xxxxxx acknowledges that continuing interference will cause irreparable injury to Xxxxxx, thenand Xxxxxx shall have the right, in addition to any other rights that it may have at Lessor’s sole cost and expenselaw or in equity, Lessor’s equipment causing to bring action to enjoin such interference shall be or to terminate this Lease immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports upon notice to Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.

Appears in 1 contract

Samples: Ground Lease Agreement

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