Common use of Material Interference Clause in Contracts

Material Interference. In the event that Lessor shall conclude that any changed circumstances or condition related to use by Lessee of the premises has resulted in material interference generated by the actions of, or equipment owned or operated by Lessee, to the licensed broadcast activity or the signal transmissions of Lessor or other tenant’s signal transmissions, Lessor may notify Lessee and Lessee shall forthwith, and upon FCC approval (if required), take expedited action to remedy or prevent such interference, or conduct such testing as may be required to verify that Lessee’s equipment is in operational compliance with FCC regulations and Lessee’s FCC licenses. ▇▇▇▇▇▇’s rights in and use of the premises shall be subject to Lessor’s right to use and to permit others to use the premises as is reasonably required by such others for such other purposes as Lessor may permit, except for those portions of the premises exclusively reserved for use by Lessee. ▇▇▇▇▇▇ agrees not to enter into a future lease of any space on the premises which would materially interfere with the broadcast activity or the signal of Lessee, and to include in each future lease of any space on the premises a provision addressing any interference by such tenant with the broadcast activity or signal of Lessee, in substantially the same form as that set forth above. Subject to FCC rules and regulations and other applicable law, priority protection from interference between multiple licensed users shall be based on the accepted industry standard in establishing the priority of occupancy of each user to another user of the tower. Each licensed user’s priority shall be maintained so long as the licensed user does not materially change the equipment and/or frequency that it is entitled to use on the tower at the time of its initial occupancy.

Material Interference. In the event that Lessor shall conclude that any changed circumstances or condition related to use by Lessee of the premises has resulted in material interference generated by the actions of, or equipment owned or operated by Lessee, to the licensed broadcast activity or the signal transmissions of Lessor or other tenant’s signal transmissions, Lessor may notify Lessee and Lessee shall forthwith, and upon FCC approval (if required), take expedited action to action, remedy or prevent such interference, or conduct such testing as may be required to verify that Lessee’s equipment is in operational compliance with FCC regulations and Lessee’s FCC licenses. ▇▇▇▇▇▇’s rights in and to use of the premises shall be subject to Lessor’s right to use and to permit others to use the premises as is reasonably required by such others for such other purposes as Lessor may permit, except for those portions of the premises exclusively reserved for use by Lessee. ▇▇▇▇▇▇ agrees not to enter into a future lease of any space on the premises which would materially interfere with the broadcast activity or the signal of Lessee, and to include in each future lease of any space on the premises a provision addressing any interference by such tenant with the broadcast activity or signal of Lessee, in substantially the same form as that set forth above. Subject to FCC rules and regulations and other applicable law, priority protection from interference between multiple licensed users shall be based on the accepted industry standard in establishing the priority of occupancy of each user to another user of the tower. Each licensed user’s priority shall be maintained so long as the licensed user does not materially change the equipment and/or frequency that it is entitled to use on the tower at the time of its initial occupancy.