Interference by Subsequent Users Clause Samples

Interference by Subsequent Users. (a) After becoming aware of any Subsequent User interference, Owner shall not permit any Subsequent User to interfere with the operations on the Tower or the use of the Site by Indosat, provided that Indosat’s Equipment was and is being installed, maintained and operated according to standard industry practices and applicable contracts with Owner. (b) In the event Owner reasonably determines, based on standard and accepted engineering practices, that (i) Indosat’s Equipment was and is being installed, maintained and operated according to standard industry practices and applicable contracts with Owner, and (ii) such Subsequent User’s Installed Equipment is interfering with the operation of Indosat’s Equipment, authorized frequency spectrum or signal strength, Owner shall notify such Subsequent User of such determination (the “Subsequent User Interference Determination”). (c) Owner shall procure that such Subsequent User dispute (a “Subsequent User Interference Dispute”) or accept such Subsequent User Interference Determination within forty-eight (48) hours of receiving such Subsequent User Interference Determination. (d) In the event a Subsequent User submits a Subsequent User Interference Dispute as described in Section 15.2(c), Owner shall procure that such Subsequent User Interference Dispute shall be resolved in accordance with Section 15.3. (e) In the event that such Subsequent User accepts such Subsequent User Interference Determination in accordance with Section 15.2(c), Owner shall ensure that such Subsequent User, within forty-eight (48) hours of receiving the Subsequent User Interference Determination, take all steps reasonably necessary to eliminate the interference. (f) If such Subsequent User cannot eliminate or resolve such interference within such forty-eight (48) hour period, or in the event such Subsequent User raises a Subsequent User Interference Dispute and the independent engineer determines (in accordance with Section 15.3) that such Subsequent User Interference Determination was made correctly, Owner shall require that such Subsequent User turn off all or part of its Installed Equipment and only turn on such Installed Equipment during Off-Peak hours in order to test whether such interference continues or has been satisfactorily eliminated, provided that if such interference has been satisfactorily eliminated, Owner may allow such Subsequent User to resume its normal use of such Installed Equipment. In the event that such Subsequent Us...
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