Common use of Non-Emergency Situations Clause in Contracts

Non-Emergency Situations. Except as provided elsewhere within this Agreement, and outside of Emergency Situations, if the Director determines in his or her sole discretion that continued operation of Licensee’s Facilities would cause or contribute to an immediate threat to the public health, welfare and safety (except for conditions or threats associated with human exposure to radio frequency emissions which are in compliance with the stand-off distance identified in the final RFES Study unless otherwise indicated), the Director may order Licensee to discontinue its operation of these facilities. Licensee shall immediately comply with this order, and Licensee may not commence operations until the Director determines in his or her sole discretion that the facilities no longer cause or contribute to an immediate threat. Licensee agrees not to hold Licensor responsible or liable for and shall protect, defend, and indemnify and hold Licensor harmless for any damage, loss, claim, or liability of any nature suffered as a result of the loss of the use of Licensee’s Facilities or other communication facilities. If, on account of a situation described in this Section, Licensor interrupts Licensee’s use of the Licensee’s Facilities for a period greater than ten (10) consecutive Days, Licensee shall have the right to terminate this Agreement upon thirty (30) Days prior written notice to Licensor.

Non-Emergency Situations. Except as provided elsewhere within this Agreement, and outside of Emergency Situations, if the Director determines in his or her sole discretion that continued operation of Licensee’s Facilities would cause or contribute to an immediate threat to the public health, welfare and safety (except for conditions or threats associated with human exposure to radio frequency emissions which are in compliance with the stand-off distance identified in the final RFES Study Study, unless otherwise indicated), the Director may order Licensee to discontinue its operation of these facilities. Licensee shall immediately comply with this order, and Licensee may not commence operations until the Director determines in his or her sole discretion that the facilities no longer cause or contribute to an immediate threat. Licensee agrees not to hold Licensor responsible or liable for and shall protect, defend, and indemnify and hold Licensor harmless for any damage, loss, claim, or liability of any nature suffered as a result of the loss of the use of Licensee’s Facilities or other communication facilities. If, on account of a situation described in this Section, Licensor interrupts Licensee’s use of the Licensee’s Facilities for a period greater than ten (10) consecutive Days, Licensee shall have the right to terminate this Agreement upon thirty (30) Days prior written notice to Licensor.

Non-Emergency Situations. Except as provided elsewhere within this Agreement, and outside of Emergency Situations, if the Director determines in his or her sole discretion that continued operation of Licensee’s Facilities would cause or contribute to an immediate threat to the public health, welfare and safety (except for conditions or threats associated with human exposure to radio frequency emissions which are in compliance with the stand-off distance identified in the final RFES Study Study, unless otherwise indicated), the Director may order Licensee to discontinue its operation of these facilities. Licensee shall immediately comply with this order, and Licensee may not commence operations until the Director determines in his or her sole discretion that the facilities no longer cause or contribute to an immediate threat. Licensee agrees not to hold Licensor responsible or liable for and shall protect, defend, and indemnify and hold Licensor harmless for any damage, loss, claim, or liability of any nature suffered as a result of the loss of the use of Licensee’s Facilities or other communication facilities. If, on account of a situation described in this Section, Licensor interrupts Licensee’s use of the Licensee’s Facilities for a period greater than ten (10) consecutive Days, Licensee shall have the right to terminate this Agreement upon thirty (30) Days prior written notice to Licensor.