Common use of Use by Other Lessees Clause in Contracts

Use by Other Lessees. a. Lessee shall cooperate with any existing or future lessee on the Tower in connection with their location and placement of their antennas and other facilities on the Tower and in constructing the ancillary support facilities. If the location and placement cannot be agreed to after a good faith effort has been made, Lessor shall make a final resolution that binds both Lessee and the current or future lessees; provided, however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. b. Current and future lessees shall be solely responsible for the cost of locating and placing their equipment onto the Tower and in constructing the ancillary support facilities, including any support buildings. The current or future lessees shall also be responsible for any liabilities that arise from their use of the Tower. Xxxxxx agrees not to interfere with the use and/or operation of any other lessee. Xxxxxx agrees to take all reasonable steps necessary to ensure that all current and future lessees do not interfere with the use and operation of the Premises by Xxxxxx. x. Xxxxxx may elect at any time to rent space on the Tower to another lessee. Lessee shall cooperate with Lessor in connection with Xxxxxx's locating and placing the future lessee's antennas and other facilities on the Tower and into the ancillary support facilities. If the location and placement cannot be agreed to, Lessor shall make the final resolution and plan, which shall bind both Lessee and Lessor as outlined in paragraphs a. and b. above; provided however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. The collection of rent from any other lessee shall in no way alter Xxxxxx's responsibility under this Lease to pay its Base Rent. x. Xxxxxx or Lessee may require any future lessee on the Tower to obtain an interference study to indicate whether the future lessee's intended use of the Tower will interfere with Lessor's or Lessee's use of the Tower. In the event that such a study indicates that any future lessee's use will potentially interfere with Xxxxxx's or Xxxxxx's use of the Tower, Lessor or Lessee may require the future lessee, at the future lessee's expense (as appropriate), to relocate the future lessee's antenna and other equipment so as to minimize the interference. e. Lessee shall operate the Lessee's facilities in a manner that will not cause interference to Xxxxxx and other lessees or licensees of the Land and Tower, provided that their installations predate that of the Lessee's facilities. f. Subsequent to the installation of the Lessee's facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land, or property contiguous thereto owned or controlled by Lessor, if such equipment is believed to cause interference with Xxxxxx's operation. Lessor and Lessee shall be bound by paragraphs a and b above. In the event interference occurs, Lessor shall take all reasonable action necessary to eliminate such interference. In the event Xxxxxx fails to resolve the interference pursuant to paragraphs a and b above, Xxxxxx's sole remedy is termination of this Lease.

Use by Other Lessees. a. Lessee shall cooperate with any existing or future lessee on the Tower in connection with their location locating and placement of placing their antennas and other facilities on the Tower and in constructing the ancillary support facilities. If the location and placement cancan not be agreed to after a good faith effort has been made, Lessor shall make a final resolution that binds both Lessee and the current or future lessees; provided, however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. b. Current and future lessees shall be solely responsible for the cost of locating and placing their equipment onto the Tower and in constructing the ancillary support facilities, including any support buildings. The current or future lessees shall also be responsible for any liabilities that arise from their use of the Tower. Xxxxxx agrees not to interfere with the use and/or and or operation of any other lessee. Xxxxxx agrees to take all reasonable steps necessary to ensure assure that all current and future lessees do not interfere with the use and operation of the Premises by Xxxxxx. x. Xxxxxx may elect at any time to rent space on the Tower to another lesseeLessee. Lessee shall cooperate with Lessor in connection with Xxxxxx's ’s locating and placing the future lessee's ’s antennas and other facilities on the Tower and into the ancillary support facilities. If the location and placement cancan not be agreed to, Lessor shall make the final resolution and plan, which shall bind both Lessee and Lessor as outlined in paragraphs a. and b. above; provided however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. The collection of rent from any other lessee shall in no way alter Xxxxxx's ’s responsibility under this Lease to pay its Base Rent. x. Xxxxxx or Lessee may require any future lessee on the Tower to obtain an interference study to indicate whether the future lessee's ’s intended use of the Tower will interfere with Lessor's ’s or Lessee's ’s use of the Tower. In the event that such a study indicates that any future lessee's ’s use will potentially interfere with Xxxxxx's ’s or Xxxxxx's ’s use of the Tower, Lessor or Lessee may require the future lessee, at the future lessee's ’s expense (as appropriate), to relocate the future lessee's ’s antenna and other equipment so as to minimize the interference. e. Lessee shall operate the Lessee's ’s facilities in a manner that will not cause interference to Xxxxxx and other lessees or licensees of the Land and Tower, provided that their installations predate that of the Lessee's ’s facilities. f. Subsequent to the installation of the Lessee's ’s facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land, or property contiguous thereto owned or controlled by Lessor, if such equipment is believed to cause interference with Xxxxxx's ’s operation. Lessor and Lessee shall be bound by paragraphs a and b above. In the event interference occurs, Lessor shall take all reasonable action necessary to eliminate such interference. In the event Xxxxxx fails to resolve the interference pursuant to paragraphs a and b above, Xxxxxx's ’s sole remedy against Lessor is termination of this Lease, but nothing herein will prevent Xxxxxx from seeking to enjoin interference caused by third parties.

Use by Other Lessees. a. Lessee shall cooperate with any existing or future lessee on the Tower in connection with their location locating and placement of placing their antennas and other facilities on the Tower and in constructing the ancillary support facilities. If the location and placement cancan not be agreed to after a good faith effort has been made, Lessor shall make a final resolution that binds both Lessee and the current or future lessees; provided, however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. b. Current and future lessees shall be solely responsible for the cost of locating and placing their equipment onto the Tower and in constructing the ancillary support facilities, including any support buildings. The current or future lessees shall also be responsible for any liabilities that arise from their use of the Tower. Xxxxxx Lessee agrees not to interfere with the use and/or and or operation of any other lessee. Xxxxxx Lessor agrees to take all reasonable steps necessary to ensure assure that all current and future lessees do not interfere with the use and operation of the Premises by XxxxxxLessee. x. Xxxxxx may elect at any time to rent space on the Tower to another lessee. Lessee shall cooperate with Lessor in connection with Xxxxxx's Lessor’s locating and placing the future lessee's ’s antennas and other facilities on the Tower and into the ancillary support facilities. If the location and placement cancan not be agreed to, Lessor shall make the final resolution and plan, which shall bind both Lessee and Lessor as outlined in paragraphs a. and b. above; provided however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. The collection of rent from any other lessee shall in no way alter Xxxxxx's Lessee’s responsibility under this Lease to pay its Base Rent. x. Xxxxxx or Lessee may require any future lessee on the Tower to obtain an interference study to indicate whether the future lessee's ’s intended use of the Tower will interfere with Lessor's ’s or Lessee's ’s use of the Tower. In the event that such a study indicates that any future lessee's ’s use will potentially interfere with Xxxxxx's Lessor’s or Xxxxxx's Lessee’s use of the Tower, Lessor or Lessee may require the future lessee, at the future lessee's ’s expense (as appropriate), to relocate the future lessee's ’s antenna and other equipment so as to minimize the interference. e. Lessee shall operate the Lessee's ’s facilities in a manner that will not cause interference to Xxxxxx Lessor and other lessees or licensees of the Land and Tower, provided that their installations predate that of the Lessee's ’s facilities. f. Subsequent to the installation of the Lessee's ’s facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land, or property contiguous thereto owned or controlled by Lessor, if such equipment is believed to cause interference with Xxxxxx's Lessee’s operation. Lessor and Lessee shall be bound by paragraphs a and b above. In the event interference occurs, Lessor shall take all reasonable action necessary to eliminate such interference. In the event Xxxxxx Lessor fails to resolve the interference pursuant to paragraphs a and b above, Xxxxxx's Lessee’s sole remedy is termination of this Lease.

Use by Other Lessees. a. 1. Lessee shall cooperate with Lessor in connection with the location and placement of antennas of any existing or future lessee on in the Tower in connection with their location and placement of their antennas Center and other facilities on in the Tower Center and in constructing the ancillary support facilities. If the location and placement cannot be agreed to after a good faith effort has been made, Lessor shall make a final resolution that binds both Lessee and the current or future lessees; provided, however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee, or to relocate its equipment on the ground space. Notwithstanding anything to the contrary contained herein, such location and placement will (a) be performed exclusively by Lessee or Lessee’s contractors; (b) not result in any interruption of the communications service provided from Lessee’s Facilities; and (c) be at the sole cost and expense of the party requiring the location and placement (the “Change Requirements”). b. Current and future lessees 2. Lessee shall be solely responsible for the cost of locating location and placing their equipment onto placement of Lessee’s Facilities in the Tower and in constructing the ancillary support facilities, including any support buildingsPremises. The current or future lessees Lessee shall also be responsible for any liabilities that arise from their its use of the TowerPremises. Xxxxxx Lessee agrees not to interfere with the use and/or and or operation of any other lessee. Xxxxxx Lessor agrees to take all reasonable steps necessary to ensure that all current and future lessees do not interfere with the use and operation of the Premises by XxxxxxLessee. x. Xxxxxx 3. Lessee acknowledges that Lessor may elect at any time to rent space on in the Tower Center to another lessee. Lessee shall cooperate with Lessor in connection with Xxxxxx's locating Lessor’s location and placing the placement of future lessee's ’s antennas and other facilities on in the Tower Center and into the ancillary support facilities. If the location and placement cannot be agreed to, Lessor shall make the final resolution and plan, which shall bind both Lessee and Lessor as outlined in paragraphs a. F.1 and b. F.2, above; provided however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by LesseeLessee or to relocate its equipment on the ground space. The collection of rent from any other lessee shall in no way alter Xxxxxx's Lessee’s responsibility under this Lease to pay its Base Rent. x. Xxxxxx 4. Lessor, or Lessee Lessor at Lessee’s request, may require any future lessee on in the Tower Center to obtain an interference study to indicate whether the future lessee's ’s intended use of the Tower Center will interfere with Lessor's ’s or Lessee's ’s use of the TowerPremises. In the event that such a study indicates that any future lessee's ’s use will potentially interfere with Xxxxxx's Lessor’s or Xxxxxx's Lessee’s use of the TowerPremises, Lessor or Lessee may require the future lessee, at the future lessee's ’s expense (as appropriate), to relocate the future lessee's ’s antenna and other equipment so as to minimize the interference. For purposes of clarification, a “future lessee” under this subparagraph 4 will include any lessee (a) who alters its equipment configuration from that installed as of the date of this Lease or (b) who alters its equipment configuration after Lessee has installed Lessee’s Facilities. e. 5. Lessee shall operate the Lessee's facilities ’s Facilities in a manner that will not cause interference to Xxxxxx Lessor and other lessees or licensees of the Land Center and TowerPremises, provided that the installation of their installations equipment configuration (or any modifications thereof) predate that of Lessee’s Facilities. In the Lessee's facilities.event f. 6. Subsequent to the installation of the Lessee's facilities’s Facilities, Lessor shall not permit itself, its other lessees or other licensees to install new equipment on in the LandCenter, or property contiguous thereto owned or controlled by Lessor, if such equipment is believed to cause interference with Xxxxxx's operation. Lessor and Lessee shall be bound by paragraphs a and b abovethe DAS. In the event interference occurs, Lessor shall take all reasonable action necessary to eliminate such interference. In the event Xxxxxx Lessor fails to resolve the interference pursuant to paragraphs a and b aboveinterference, Xxxxxx's Lessee’s sole remedy is termination of this Lease.

Use by Other Lessees. a. 1. Lessee shall cooperate with Lessor in connection with the location and placement of antennas of any existing or future lessee on in the Tower in connection with their location and placement of their antennas Center and other facilities on in the Tower Center and in constructing the ancillary support facilities. If the location and placement cannot be agreed to after a good faith effort has been made, Lessor shall make a final resolution that binds both Lessee and the current or future lessees; provided, however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee, or to relocate its equipment on the ground space. Notwithstanding anything to the contrary contained herein, such location and placement will (a) be performed exclusively by Lessee or Lessee’s contractors; (b) not result in any interruption of the communications service provided from Xxxxxx’s Facilities; and (c) be at the sole cost and expense of the party requiring the location and placement (the “Change Requirements”). b. Current and future lessees 2. Lessee shall be solely responsible for the cost of locating location and placing their equipment onto placement of Lessee’s Facilities in the Tower and in constructing the ancillary support facilities, including any support buildingsPremises. The current or future lessees Lessee shall also be responsible for any liabilities that arise from their its use of the TowerPremises. Xxxxxx agrees not to interfere with the use and/or and or operation of any other lessee. Xxxxxx agrees to take all reasonable steps necessary to ensure that all current and future lessees do not interfere with the use and operation of the Premises by Xxxxxx. x. 3. Xxxxxx acknowledges that Lessor may elect at any time to rent space on in the Tower Center to another lessee. Lessee shall cooperate with Lessor in connection with Xxxxxx's locating the location and placing the placement of future lessee's ’s antennas and other facilities on in the Tower Center and into the ancillary support facilities. If the location and placement cannot be agreed to, Lessor shall make the final resolution and plan, which shall bind both Lessee and Lessor as outlined in paragraphs a. F.1 and b. F.2, above; provided however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by LesseeLessee or to relocate its equipment on the ground space. The collection of rent from any other lessee shall in no way alter Xxxxxx's Lessee’s responsibility under this Lease to pay its Base Rent. x. Xxxxxx 4. Lessor, or Lessee Lessor at Xxxxxx’s request, may require any future lessee on in the Tower Center to obtain an interference study to indicate whether the future lessee's ’s intended use of the Tower Center will interfere with Lessor's Xxxxxx’s or Lessee's Xxxxxx’s use of the TowerPremises. In the event that such a study indicates that any future lessee's ’s use will potentially interfere with Xxxxxx's ’s or Xxxxxx's ’s use of the TowerPremises, Lessor or Lessee may require the future lessee, at the future lessee's ’s expense (as appropriate), to relocate the future lessee's ’s antenna and other equipment so as to minimize the interference. For purposes of clarification, a “future lessee” under this subparagraph 4 will include any lessee (a) who alters its equipment configuration from that installed as of the date of this Lease or (b) who alters its equipment configuration after Lessee has installed Xxxxxx’s Facilities. e. 5. Lessee shall operate the Lessee's facilities ’s Facilities in a manner that will not cause interference to Xxxxxx and other lessees or licensees of the Land Center and TowerPremises, provided that the installation of their installations equipment configuration (or any modifications thereof) predate that of Xxxxxx’s Facilities. In the Lesseeevent any after-installed equipment configuration by Xxxxxx's facilitiescauses such interference, and after Xxxxxx has notified Xxxxxx in writing of such interference, Lessee will take all steps necessary to correct and eliminate the interference, including but not limited to, at Xxxxxx's option, powering down such equipment and later powering up such equipment for intermittent testing (as approved by Lessor). f. 6. Subsequent to the installation of the Lessee's facilities’s Facilities, Lessor shall not permit itself, its other lessees or other licensees to install new equipment on in the LandCenter, or property contiguous thereto owned or controlled by Lessor, if such equipment is believed to cause interference with Xxxxxx's operation. Lessor and Lessee shall be bound by paragraphs a and b abovethe DAS. In the event interference occurs, Lessor shall take all reasonable action necessary to eliminate such interference. In the event Xxxxxx fails to resolve the interference pursuant to paragraphs a and b aboveinterference, Xxxxxx's ’s sole remedy is termination of this Lease.

Use by Other Lessees. a. Lessee shall cooperate with any existing or future lessee on the Tower in connection with their location locating and placement of placing their antennas and other facilities on the Tower and in constructing the ancillary support facilities. If the location and placement cancan not be agreed to after a good faith effort has been made, Lessor shall make a final resolution that binds both Lessee and the current or future lessees; provided, however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. b. Current and future lessees shall be solely responsible for the cost of locating and placing their equipment onto the Tower and in constructing the ancillary support facilities, including any support buildings. The current or future lessees shall also be responsible for any liabilities that arise from their use of the Tower. Xxxxxx agrees not to interfere with the use and/or and or operation of any other lessee. Xxxxxx agrees to take all reasonable steps necessary to ensure assure that all current and future lessees do not interfere with the use and operation of the Premises by Xxxxxx. x. Xxxxxx may elect at any time to rent space on the Tower to another lessee. Lessee shall cooperate with Lessor in connection with Xxxxxx's ’s locating and placing the future lessee's ’s antennas and other facilities on the Tower and into the ancillary support facilities. If the location and placement cancan not be agreed to, Lessor shall make the final resolution and plan, which shall bind both Lessee and Lessor as outlined in paragraphs a. and b. above; provided however, that in no event shall Lessee be required to move its antennas from the location and height originally constructed by Lessee. The collection of rent from any other lessee shall in no way alter Xxxxxx's ’s responsibility under this Lease to pay its Base Rent. x. Xxxxxx or Lessee may require any future lessee on the Tower to obtain an interference study to indicate whether the future lessee's ’s intended use of the Tower will interfere with Lessor's ’s or Lessee's ’s use of the Tower. In the event that such a study indicates that any future lessee's ’s use will potentially interfere with Xxxxxx's ’s or Xxxxxx's ’s use of the Tower, Lessor or Lessee may require the future lessee, at the future lessee's ’s expense (as appropriate), to relocate the future lessee's ’s antenna and other equipment so as to minimize the interference. e. Lessee shall operate the Lessee's ’s facilities in a manner that will not cause interference to Xxxxxx and other lessees or licensees of the Land and Tower, provided that their installations predate that of the Lessee's ’s facilities. f. Subsequent to the installation of the Lessee's ’s facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land, or property contiguous thereto owned or controlled by Lessor, if such equipment is believed to cause interference with Xxxxxx's ’s operation. Lessor and Lessee shall be bound by paragraphs a and b above. In the event interference occurs, Lessor shall take all reasonable action necessary to eliminate such interference. In the event Xxxxxx fails to resolve the interference pursuant to paragraphs a and b above, Xxxxxx's ’s sole remedy is termination of this Lease.