Obligations of Lessor. In addition to other obligations contained in this Agreement, the Lessor hereby agrees to: complete filing for the Record to the relevant governmental authorities after signing this Agreement with the Lessee according to requirements of the Lessee and in accordance with Article 11.8 herein; ensure that at all times during the Term of this Agreement, the Lessee and its approved third party enjoys a full and unrestricted access to the Leased Property, and that the Lessee and its approved third party are in all respects able to conduct thereon all activities contemplated under Article 1.2 hereof; covenant that at all times during the Term of this Agreement, Lessee and its approved third party shall lawfully, peacefully and quietly use, occupy, possess the Leased Property and enjoy all rights and benefits thereof, without any let, suit, hindrance, eviction, ejection, molestation or interruption whatsoever of or by Lessor, or of or by any other person claiming by, from, under or against Lessor. Lessor hereby indemnifies and holds harmless Lessee and its approved third party from any claims, litigation or other forms of dispute resolution which may be invoked by any party claiming any rights to the Leased Property adverse to Lessee or its approved third party including attorney's fees and costs of suit or costs associated with any other form of dispute resolution which may be invoked by an adverse party. In the event that Lessor fails to defend any such claim, Lessee or its approved third party may assume defense on behalf of Lessor and itself and any such attorney's fees or costs of suit or dispute resolution incurred by Lessee or its approved third party shall be the responsibility of Lessor. If Lessor fails to promptly reimburse Lessee or its approved third party for any such fees or expenses, Lessee or it approved third party may deduct such fees and expenses from future lease Rent. Lessor further covenants that there are no leases, subleases, licenses, concessions, or other agreements, written or oral, granting to any third party or parties the right of use or occupancy of any portion of the Leased Property. Unless confirmed by Lessee, no third party, whether an individual, enterprise, legal person, governmental body, administrative department or otherwise, shall have the right to use or occupy the Leased Property in part or in whole at any time during the Term of this Agreement. The Lessor shall communicate with the owners of lands adjacent to the Leased Property to ensure that the Lessee and its approved third party have right to use access roads to the Leased Property. allow the Lessee or its approved third party to implement any restrictions or limitations on access to the Leased Property; during the Term (including the extended Term confirmed by the Parties) of this Agreement in no circumstance terminate this Agreement unilaterally.
Appears in 1 contract
Samples: Land Lease Agreement
Obligations of Lessor. In addition to other obligations contained in this Agreement(a) Oversight of Lessee’s Operations on the Leased Spectrum. Throughout the Term, the Lessor hereby agrees to: complete filing shall be directly and primarily responsible for the Record to the relevant governmental authorities after signing this Agreement ensuring Lessee’s compliance with the Lessee according to requirements of the Lessee and in accordance with Article 11.8 herein; ensure that at all times during the Term of this Agreement, the Lessee and its approved third party enjoys a full and unrestricted access to the Leased Property, and that the Lessee and its approved third party are in all respects able to conduct thereon all activities contemplated under Article 1.2 hereof; covenant that at all times during the Term of this Agreement, Lessee and its approved third party shall lawfully, peacefully and quietly use, occupy, possess the Leased Property and enjoy all rights and benefits thereof, without any let, suit, hindrance, eviction, ejection, molestation or interruption whatsoever of or by Lessor, or of or by any other person claiming by, from, under or against LessorCommunications Laws. Lessor hereby indemnifies and holds harmless Lessee and its approved third party from any claims, litigation or other forms of dispute resolution which may be invoked by any party claiming any rights to the Leased Property adverse to Lessee or its approved third party including attorney's fees and costs of suit or costs associated with any other form of dispute resolution which may be invoked by an adverse party. In the event that Lessor fails to defend any such claim, Lessee or its approved third party may assume defense on behalf of Lessor and itself and any such attorney's fees or costs of suit or dispute resolution incurred by Lessee or its approved third party shall be the responsibility of Lessor. If Lessor fails to promptly reimburse Lessee or its approved third party for any such fees or expenses, Lessee or it approved third party may deduct such fees and expenses from future lease Rent. Lessor further covenants that there are no leases, subleases, licenses, concessions, or other agreements, written or oral, granting to any third party or parties the right of use or occupancy of any portion of the Leased Property. Unless confirmed by Lessee, no third party, whether an individual, enterprise, legal person, governmental body, administrative department or otherwise, shall have the right to use or occupy the Leased Property in part or in whole at any time during the Term of this Agreement. The Lessor shall communicate with the owners of lands adjacent to the Leased Property take all actions as are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws, this Lease Agreement, and the terms and conditions of the FCC Licenses (including conformance with applicable license eligibility, basic qualifications, character qualifications and technical requirements, and use and foreign ownership restrictions). Lessee hereby acknowledges Lessor’s right to take such actions as are reasonably necessary to meet this obligation, and that Lessor may:
(i) periodically monitor and oversee Lessee’s use of the Spectrum Usage Rights to ensure Lessee operates the System in conformance with technical and use rules applicable to the FCC Licenses;
(ii) take all actions that are reasonably necessary to ensure that Lessee’s operation of the System complies with the Communications Laws, including regulations intended to prevent harmful interference to any other licensed spectrum users entitled to interference protection under the Communications Laws;
(iii) require that Lessee implement any modification or coordination that is reasonably necessary to resolve harmful interference or any interference-related matters arising from operation of the System, including any conflicts between Lessee and its approved third party have right any other licensed spectrum user entitled to use access roads interference protection under the Communications Laws, which actions may include, but are not limited to, suspending or terminating the operations of the System until the interference-related matters can be remedied;
(iv) make reasonable determinations as to whether particular circumstances give rise to the Leased Property. allow requirement of filing an application or notification in accordance with Section 7(b) hereafter, and if so, with Lessee’s cooperation, make such filing or notification;
(v) take whatever actions are reasonably necessary to ensure that all facilities comprising the System comply with all applicable radiofrequency (RF) safety rules for human exposure promulgated by the FCC or any other governmental authority; and
(vi) interface with the FCC solely in a manner consistent with the rights granted to Lessee or its approved third party to implement any restrictions or limitations on access pursuant to the Leased Property; during Lease Agreement on matters related to the Term (including the extended Term confirmed by the Parties) of this Agreement in no circumstance terminate this Agreement unilaterallyFCC Licenses.
Appears in 1 contract
Samples: Spectrum Manager Lease Agreement
Obligations of Lessor. In addition to other obligations contained in this Agreement, the Lessor hereby agrees to: complete filing for the Record to the relevant governmental authorities after signing this Agreement with the Lessee according to requirements of the Lessee and in accordance with Article 11.8 herein; ensure that at all times during the Term of this Agreement, the Lessee and its approved third party enjoys a full and unrestricted access to the Leased Property, and that the Lessee and its approved third party are in all respects able to conduct thereon all activities contemplated under Article 1.2 hereof; covenant that at all times during the Term of this Agreement, Lessee and its approved third party shall lawfully, peacefully and quietly use, occupy, possess the Leased Property and enjoy all rights and benefits thereof, without any let, suit, hindrance, eviction, ejection, molestation or interruption whatsoever of or by Lessor, or of or by any other person claiming by, from, under or against Lessor. Lessor hereby indemnifies and holds harmless Lessee and its approved third party from any claims, litigation or other forms of dispute resolution which may be invoked by any party claiming any rights to the Leased Property adverse to Lessee or its approved third party including attorney's ’s fees and costs of suit or costs associated with any other form of dispute resolution which may be invoked by an adverse party. In the event that Lessor fails to defend any such claim, Lessee or its approved third party may assume defense on behalf of Lessor and itself and any such attorney's ’s fees or costs of suit or dispute resolution incurred by Lessee or its approved third party shall be the responsibility of Lessor. If Lessor fails to promptly reimburse Lessee or its approved third party for any such fees or expenses, Lessee or it approved third party may deduct such fees and expenses from future lease Rent. Lessor further covenants that there are no leases, subleases, licenses, concessions, or other agreements, written or oral, granting to any third party or parties the right of use or occupancy of any portion of the Leased Property. Unless confirmed by Lessee, no third party, whether an individual, enterprise, legal person, governmental body, administrative department or otherwise, shall have the right to use or occupy the Leased Property in part or in whole at any time during the Term of this Agreement. The Lessor shall communicate with the owners of lands adjacent to the Leased Property to ensure that the Lessee and its approved third party have right to use access roads to the Leased Property. Property.12 allow the Lessee or its approved third party to implement any restrictions or limitations on access to the Leased Property; Property;13 during the Term (including the extended Term confirmed by the Parties) of this Agreement in no circumstance terminate this Agreement unilaterally.
Appears in 1 contract
Samples: Land Lease Agreement
Obligations of Lessor. In addition to other obligations contained in this Agreement, the Lessor hereby agrees to: complete filing for the Record to the relevant governmental authorities after signing this Agreement with the Lessee according to requirements of the Lessee and in accordance with Article 11.8 herein; ensure that at all times during the Term of this Agreement, the Lessee and its approved third party enjoys a full and unrestricted access to the Leased Property, and that the Lessee and its approved third party are in all respects able to conduct thereon all activities contemplated under Article 1.2 hereof; covenant that at all times during the Term of this Agreement, Lessee and its approved third party shall lawfully, peacefully and quietly use, occupy, possess the Leased Property and enjoy all rights and benefits thereof, without any let, suit, hindrance, eviction, ejection, molestation or interruption whatsoever of or by Lessor, or of or by any other person claiming by, from, under or against Lessor. Lessor hereby indemnifies and holds harmless Lessee and its approved third party from any claims, litigation or other forms of dispute resolution which may be invoked by any party claiming any rights to the Leased Property adverse to Lessee or its approved third party including attorney's ’s fees and costs of suit or costs associated with any other form of dispute resolution which may be invoked by an adverse party. In the event that Lessor fails to defend any such claim, Lessee or its approved third party may assume defense on behalf of Lessor and itself and any such attorney's ’s fees or costs of suit or dispute resolution incurred by Lessee or its approved third party shall be the responsibility of Lessor. If Lessor fails to promptly reimburse Lessee or its approved third party for any such fees or expenses, Lessee or it approved third party may deduct such fees and expenses from future lease Rent. Lessor further covenants that there are no leases, subleases, licenses, concessions, or other agreements, written or oral, granting to any third party or parties the right of use or occupancy of any portion of the Leased Property. Unless confirmed by Lessee, no third party, whether an individual, enterprise, legal person, governmental body, administrative department or otherwise, shall have the right to use or occupy the Leased Property in part or in whole at any time during the Term of this Agreement. The Lessor shall communicate with the owners of lands adjacent to the Leased Property to ensure that the Lessee and its approved third party have right to use access roads to the Leased Property. Property.11 allow the Lessee or its approved third party to implement any restrictions or limitations on access to the Leased Property; Property;12 during the Term (including the extended Term confirmed by the Parties) of this Agreement in no circumstance terminate this Agreement unilaterally.
Appears in 1 contract
Samples: Land Lease Agreement