Common use of Termination for Interference or Threat to Safety Clause in Contracts

Termination for Interference or Threat to Safety. Licensee shall ensure that the installation and operation of the Equipment does not interfere electrically, or in any other manner whatsoever, with the equipment or operations of Licensor or with any other licensee or tenant in each Facility or the building. Notwithstanding anything in this License to the contrary, it is expressly understood and agreed that if, for a given Facility: (i) The installation or operation of the Equipment is reasonably determined by Licensor to interfere with any other communications systems or equipment at any time, (ii) Licensee’s equipment poses an immediate threat to the safety of Licensor’s employees or those of any other licensee, or to the public, (iii) Licensee’s equipment interferes with the performance of Licensor’s service obligations, or the use by other parties of their fiber, Ethernet, or other facilities, or (iv) Licensor’s equipment poses an immediate threat to the physical integrity of Licensor’s Facilities or equipment, or the facilities of other parties, then Licensee shall upon Licensor’s request (which may be telephonic) as soon as possible, but in no event later than 24 hours, at Licensee’s expense, eliminate or remedy such interference or other improper activity. In the event of an emergency or if Licensee fails to take such other actions required by the foregoing sentence, Licensor may perform such actions on behalf of Licensee, or relocate the Equipment Space, the Equipment and/or the Licensee installations, without incurring any liability thereby, and Licensee shall reimburse Licensor for any costs incurred in connection therewith. If Licensor reasonably determines that such interference cannot be rectified, then Licensor may at its option after written notice to Licensee, terminate Service and/or the Service Order for the applicable Facility, whereupon Licensor may also remove all of the Equipment and other property of Licensee in the Facility or the building, at Licensee’s sole cost and expense.