Interference. LICENSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
Appears in 3 contracts
Sources: Master Right of Way License Agreement, Master Right of Way License Agreement, Master Right of Way License Agreement
Interference. LICENSEE agrees to install 27.1 The Licensee Equipment and the equipment of those who the type Licensee controls and frequency which will is responsible for at law, shall not cause harmful interference which is measurable in accordance interfere with then-existing industry standards to any equipment of CITY or other permitted users the use and enjoyment of the Property which existed on Building by the Property prior Licensor, or Building tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the date this Agreement is executed Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the Partiesparties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event any after-installed Communications Facility causes the Licensor fails to correct such interferenceinterference after using reasonable commercial efforts after written notice, and the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after CITY has notified LICENSEE in writing the best efforts of the Licensor, the resolution of such interference, LICENSEE will take all commercially reasonable steps necessary interference shall be determined pursuant to correct and eliminate Section 29.1.
27.3 In the interference, including but event interference is caused by a party to this License the party which did not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY cause the interference shall be entitled to terminate a Permit or relocate recover the equipment as long as LICENSEE is making a good faith effort to remedy cost of detection and rectification of the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down from the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceparty.
Appears in 3 contracts
Sources: Telecommunication and Building Access License, Telecommunications, Telecommunications
Interference. LICENSEE a. Lessee agrees to install (and shall cause each Carriers to install) equipment of the a type and frequency which will not cause harmful frequency interference which is measurable in accordance with then-other forms of radio frequency communications existing industry standards to any equipment of CITY or other permitted users on Lessor’s property as of the Property which existed on date of this Lease or as may be in existence in the Property prior to the date this Agreement is executed by the Partiesfuture (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations.
b. In the event Lessee’s or any after-installed Communications Facility Carrier’s equipment causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE Lessee agrees it will take all commercially reasonable steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. Lessee shall be obligated, and shall cause each Carrier, to correct the problem of interference within two (2) business days of receipt of written notice from Lessor. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premises.
c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment interference consistent with appropriate government rules and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy regulations upon receipt of written notification of the interference issuefrom either party. CITY shall, with reasonable Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where from Lessee. If the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty not corrected within five (305) business days of any planned receipt of notification (or routine maintenance such time as may reasonably be required with exercise of traffic control devices located where LICENSEE has installed its facilitiesdue diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. CITY agrees Lessee and Lessor understand and agree that any other permitted users of the Property who currently have or in the future take possession event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions execution of this Paragraph and thereforeLease, either Party the Lessor shall have be under no obligation to replace the right unlicensed spectrum with a licensed spectrum to equitable remedies, such as, without limitation, injunctive relief and specific performancecorrect the interference.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Interference. LICENSEE agrees to install equipment (a) Lessee’s operation of the type and frequency which will Lessee’s Equipment shall not knowingly cause any harmful interference which is measurable in accordance with thenthe signal of any user of Lessor’s Property and/or other existing transmitter/receiver for two-existing industry standards to any equipment of CITY way channels, television, radio or other permitted users of microwave utilization, whether on or off the Premises or the Property which existed on or whether transmitted or received by Lessor or Lessor’s other lessees or licensees. Furthermore, ▇▇▇▇▇▇ agrees that any interference with the Property prior to the date this Agreement is executed existing signal of any other transmitter/receiver caused by the Partiesoperation of Lessee’s Equipment shall be the responsibility of Lessee to immediately correct and eliminate. In the event Should Lessee fail to immediately correct any aftersuch interference within forty-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing eight (48) hours of receipt of notice by Lessor of such interference, LICENSEE will take all commercially reasonable steps necessary then Lessor may, at its option, enter the Premises, correct such interference and invoice the costs of such correction to Lessee, which invoice shall be payable within ten (10) days of receipt of notice by ▇▇▇▇▇▇. If Lessor does not exercise its option to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice and if ▇▇▇▇▇▇ fails to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where correct the interference is with traffic-control devices. CITY shall provide LICENSEE no less than within thirty (30) days of any planned or routine maintenance receipt of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users Lessor’s notification of the Property who currently same, Lessor shall have or the option to terminate this Lease and thereafter shall have no further obligations to Lessee.
(b) Lessor shall use all reasonable efforts to ensure that other tenants on the Tower do not cause interference to the operation of Lessee’s Equipment, to the extent the equipment of such other tenants was installed subsequent to the installation of Lessee’s Equipment (“Objectionable Interference”). Should Objectionable Interference be experienced by ▇▇▇▇▇▇, Lessee shall provide notice in writing of such Objectionable Interference to Lessor, and Lessor shall cooperate with Lessee in identifying the future take possession source of the Property will Objectionable Interference and in causing the responsible party to take such reasonable steps necessary to eliminate the Objectionable Interference. In the event such party causing the Objectionable Interference fails to correct such problem and ▇▇▇▇▇▇’s broadcast continues to be permitted to install only materially affected within thirty (30) days of Lessee notifying Lessor of such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and thereforeproblem, either Party Lessee shall have the right to equitable remedies, terminate this Lease by written notice to Lessor at any time thereafter unless such as, without limitation, injunctive relief and specific performanceObjectionable Interference is eliminated within the aforesaid 30-day period.
Appears in 2 contracts
Interference. LICENSEE (a) NBU acknowledges and agrees that it will not permit the installation of any additional antennas or equipment on the Tower or at the Tower Site, or the relocation of any existing antennas or equipment installed on the Tower or at the Tower Site, to install equipment the extent NBU determines in its sole discretion that such installation or relocation would adversely affect COUNTY’s space on the Tower or COUNTY’s operation, use, or enjoyment of its Communications Facility, assuming the use of customary and commercially reasonable practices for wireless communication sites and towers thereon.
(b) NBU shall not, and shall not permit any subsequent licensee, lessee, sublessee, or other user of the Tower (collectively, “Other Lessees”), to (i) install or change, alter or improve the frequency, power, or type and frequency which will of any communications equipment that interferes with the operation of COUNTY’s Communications Facility or is not cause harmful interference which authorized by, or violates, applicable Laws (hereinafter defined) or is measurable not made or installed in accordance with then-existing industry standards to any equipment good engineering practices, or (ii) implement a configuration which interferes with the operation of CITY or other permitted users of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. COUNTY’s Communications Facility.
(c) In the event of any after-installed Communications Facility causes such interferenceinterference occurring at the Tower Site as a result of any actions of NBU or any Other Lessees described in Section (b) above, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all NBU shall use commercially reasonable steps necessary efforts to resolve any such interference problems, including, without limitation, using its best efforts to correct and eliminate the interference within forty-eight (48) hours of receipt by NBU of notification from COUNTY and, if requested by NBU, COUNTY shall perform at its expense an interference study in accordance with industry-standard procedures and practices. If unreasonable interference is confirmed and such interference cannot be corrected or eliminated within such 48-hour period NBU shall cause any of NBU’s or its Other Lessees’ communications equipment that unreasonably interferes with the operation of COUNTY’s Communications Facility or COUNTY’s authorized frequency spectrum or signal strength, to immediately discontinue the cause of such interference, including but not limited to, at LICENSEE’s option, powering down or turning off such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shallequipment, with reasonable notice the right to LICENSEEresume such interference only during off-peak hours specified by COUNTY in order to determine whether such interference continues or has been eliminated; provided, be entitled to power down immediately or cause to be however, that if any interference continues at the time the interfering equipment is powered down down, the communications equipment that interferes with the operation of COUNTY’s Communications Facility where shall be turned off. If NBU or any such Other Lessee cannot correct or eliminate, to the reasonable satisfaction of COUNTY, such interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty within twenty (3020) days of any planned receipt by NBU of written notice from COUNTY, NBU shall or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users shall cause such Other Lessee to cease the operations of the Property who currently have objectionable communications equipment and to stop providing services from the Tower Site until the interference problems are resolved; provided, however, that if NBU does not timely cease or in cause such Other Lessee to cease such operations, COUNTY may elect to terminate this Agreement by written notice to NBU.
(d) COUNTY shall not (i) install, change, alter or improve the future take possession frequency, power, or type of the Property will be permitted to install only such any communications equipment that interferes with the operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Tower Site or is of the type and frequency which will not cause harmful interference which authorized by, or violates, applicable Laws or is measurable not made or installed in accordance with thengood engineering practices, or (ii) implement a configuration which interferes with the operation of NBU’s or any pre-existing industry standards to Other Lessee’s existing communications equipment installed at the then-existing equipment Tower Site.
(e) In the event of LICENSEE. The Parties acknowledge that there will not any interference occurring at the Tower Site as a result of any action or inaction of COUNTY, COUNTY shall be an adequate remedy at law responsible for noncompliance with the provisions of this Paragraph coordinating and thereforeresolving any such interference problems caused by COUNTY, either Party shall have the right to equitable remedies, such asincluding, without limitation, injunctive relief using its best efforts to correct and specific performance.eliminate the interference within forty-eight
Appears in 2 contracts
Sources: Interlocal Agreement, Interlocal Agreement
Interference. LICENSEE agrees (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to install equipment allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the type and frequency which Premises will not cause harmful interference which is measurable interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with then-existing industry standards all applicable laws and regulations.
(b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment of CITY on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or other permitted users agents to use, any portion of the Property in any way which existed on interferes with the Property prior Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to the date this Agreement is executed by the Partiescease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate interference does not cease within the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate aforementioned cure period then the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties parties acknowledge that there Tenant will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph suffer irreparable injury, and therefore, either Party Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord.
(d) The Landlord shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceattach its radio communications equipment to the tower at no charge to the Landlord at a height of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the Tenant.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Interference. LICENSEE agrees to install equipment of Tenant shall not use the type Roof Area or the Dish in any way that interferes with the use and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users enjoyment of the Property by: (i) Landlord, (ii) tenants or licensees of Landlord leasing or licensing space in the Building primarily for the same or similar use as a majority of the other tenants or licensees in the Building and which existed is consistent with the purpose for which the Building is operated ("Existing Tenants") who commenced occupancy at the Building on a date which precedes the Effective Date, including Existing Tenants who are leasing or licensing space from Landlord and using the Property prior to as a communications transmitting or receiving site. The operation of the date this Agreement is executed by Dish shall not interfere with the Parties. In maintenance or operation of the event any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interferenceBuilding, including but not limited toto the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the Building and/or its occupants. The operation of the Dish shall not interfere with radio or telecommunication equipment installed by telecommunication service providers at LICENSEE’s optionthe Building prior to the Effective Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, powering down costs, damages, loss, claims or other expenses and liabilities arising from any such equipment interference. Tenant agrees to cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours of receipt of notice from Existing Tenants of such interference and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort continue to remedy cease all operations until the interference issuehas been corrected to the reasonable satisfaction of the Landlord. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the If such interference is with traffic-control devices. CITY shall provide LICENSEE no less than has not been corrected within thirty (30) days of days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that tests deemed necessary to resolve any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful all interference which Landlord determines or reasonably believes is measurable in accordance with then-existing industry standards to being caused by the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceDish or Tenant's use thereof.
Appears in 1 contract
Sources: Office Lease (One)
Interference. LICENSEE agrees to install equipment of Tenant shall not use the type Roof Area or the Dish in any way that interferes with the use and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users enjoyment of the Property by: (i) Landlord, (ii) tenants or licensees of Landlord leasing or licensing space in the Building primarily for the same or similar use as a majority of the other tenants or licensees in the Building and which existed is consistent with the purpose for which the Building is operated (“Building Tenants”), or (iii) tenants or licensees of Landlord who commenced occupancy at the Building on a date which precedes the Dish Commencement Date, and who are leasing or licensing space from Landlord and using the Property prior to as a communications transmitting or receiving site (“Existing Licensees”). The operation of the date this Agreement is executed by Dish shall not interfere with the Parties. In maintenance or operation of the event any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interferenceBuilding, including but not limited toto the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the Building and/or its occupants. The operation of the Dish shall not interfere with radio or telecommunication equipment installed by telecommunication service providers at LICENSEE’s optionthe Building prior to the Dish Commencement Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, powering down costs, damages, loss, claims or other expenses and liabilities arising from any such equipment interference. Tenant agrees to cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours of receipt of notice from Existing Licensees of such interference and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort continue to remedy cease all operations until the interference issuehas been corrected to the sole satisfaction of the Landlord. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the If such interference is with traffic-control devices. CITY shall provide LICENSEE no less than has not been corrected within thirty (30) days of days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that tests deemed necessary to resolve any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful all interference which Landlord determines or reasonably believes is measurable in accordance with then-existing industry standards to being caused by the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceDish or Tenant’s use thereof.
Appears in 1 contract
Sources: Office Lease (Akorn Inc)
Interference. LICENSEE Licensee further agrees that it will supply Licensor with a twenty-four (24) hour contact phone number so that in the event that the Licensee’s equipment interferes with the normal and proper operation of Licensor’s and/or any prior lessee’s facilities on the Property, the Licensee be notified. Licensee agrees to install and operate only equipment of the type and frequency which will that does not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY Licensor's or other permitted users lessees or licensees of the Property which existed on (“Pre-Existing User”); provided that their installations and use predate that of the Property prior to the date this Agreement is executed by the PartiesLicensee's installation. In the event that the Licensee's equipment cause such interference or any after-installed Communications Facility permitted subsequent modification or addition causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will Licensee shall take all commercially reasonable steps necessary to correct and eliminate the interference. If the interference is substantial then Licensee shall have five (5) days to resolve the interference problem. If the interference is substantial and cannot be resolved within five (5) days, including but Licensee shall power down its equipment and/or cease operations in order to correct and eliminate such interference provided that Licensee may operate its equipment intermittently during off-peak hours for testing purposes only. If the interference is not limited tosubstantial, at LICENSEE’s optionLicensee shall work diligently and take all necessary and appropriate action to cure such interference as promptly as possible without having to power down its equipment unless the interference becomes substantial. Regardless the length of time necessary to cure such interference, powering Licensee shall not be in default of this provision as long as (a) the interference is not substantial or (b) Licensee remains powered down such equipment and later powering up such equipment (except for intermittent testing) while addressing substantial interference. In no event will CITY be entitled If Licensee determines that it is unable to terminate cure any substantial interference within a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than period of thirty (30) days of days, Licensee may, at its sole option, terminate this License. Licensor agrees not to allow any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users lessee of the Property who currently have whose equipment is installed or modified subsequent to Licensee’s then current operation of Licensee's equipment (“Subsequent User”) to interfere with the operation of Licensee. In the event Licensee is subject to any such interference, Licensor shall (or shall cause other Subsequent Users) take all steps necessary to correct and eliminate the interference. If such interference is not eliminated within five (5) days after Licensor’s receipt of notice of such interference from Licensee, Licensor shall (or shall cause such other Subsequent User) cease such Subsequent User’s operations if requested by Licensee until the interference is eliminated. If such Subsequent User is unable to eliminate the interference, or reduce it to a level acceptable to Licensee, within a period of thirty (30) days, then Licensee may, in addition to any other rights it may have, terminate this License. Nothing in this section shall be deemed or interpreted to authorize Licensee to illegally transmit on any frequencies or to provide any protection to Licensee from interference from any other person in the event that Licensee is operating on any unlicensed frequency spectrum. Licensor shall impose upon future take possession lessees of the Property will be permitted a similar duty to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance refrain from interfering with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceLicensee.
Appears in 1 contract
Sources: Lease Agreement
Interference. LICENSEE agrees (a) Lessor or its designated representative shall have the sole right during the term of this Agreement, upon prior written notice to install Lessee, to require Lessee to take whatever action is reasonably necessary to eliminate, to Lessor’s satisfaction, any objectionable interference by ▇▇▇▇▇▇'s Equipment with equipment of any other user, lessee or licensee on the type and frequency which Towers. It shall be Lessee's responsibility to operate ▇▇▇▇▇▇'s Equipment in a manner that will not cause harmful interference which is measurable in accordance with then-to Lessor or any of the other existing industry standards to any equipment of CITY or other permitted users of the Property which existed Site.
(b) All operations by Lessee shall be lawful and in compliance with all FCC, or any other federal or state requirements. Lessee’s Equipment will operate under FCC Part 15 rules for unlicensed devices and as such it is subject to causing or receiving interference from other unlicensed Part 15 users. Should Lessor desire to lease Tower space in the future to any other Part 15 user, Lessor will coordinate with Lessee the use of all Part 15 frequencies on each Tower. The FCC may notify operators of such service to discontinue operation or it may further regulate the use of the Part 15 frequencies. Regulation, interference, or an order to discontinue service will cause the Site to be unusable by ▇▇▇▇▇▇. Lessee may cancel this Agreement with sixty (60) days written notice to Lessor that the Site has become unusable for Lessee’s operation. Lessee reserves the right to replace Equipment and make changes to the Wireless System as required by its FCC License. Lessee shall obtain the required FCC Licenses before any licensed Equipment is put into service.
(c) Lessee shall take all reasonable measures and precautions to prevent interference to other systems on the Property prior Site. ▇▇▇▇▇▇ agrees to the date this Agreement is executed respond to complaints of interference reasonably suspected of being produced by the Parties. In the event any after-installed Communications Facility causes such interferenceits System, and after CITY has notified LICENSEE in writing within twenty- four (24) hours of receipt of such complaint. ▇▇▇▇▇▇ agrees to promptly remedy such interference and, if necessary, to cease operations until such interference is cured. ▇▇▇▇▇▇ agrees to permit Lessor or an engineer of ▇▇▇▇▇▇'s choosing to inspect Lessee's Wireless System and Equipment to ascertain the nature and extent of the complained interference, LICENSEE will take all commercially reasonable steps necessary . ▇▇▇▇▇▇ agrees not to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately place or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any placed, other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such communications equipment that is of would substantially interfere with ▇▇▇▇▇▇'s ability to receive and transmit its signals. Notwithstanding the type foregoing, this Agreement between Lessor and frequency which will Lessee shall not cause harmful interference which is measurable in accordance with then-existing industry standards prohibit Lessor from leasing space to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law other lessees for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performancetelecommunications uses.
Appears in 1 contract
Sources: Tower Lease Agreement