Common use of User's Covenants Clause in Contracts

User's Covenants. User covenants that from the Execution Date of a Site Agreement, that the Facilities, and all installation, operation, modification, relocation and maintenance associated therewith, will: (a) In no way damage BellSouth's Tower, Property, any other structure or accessories thereto, any Prior User's, as defined below, equipment or facilities or any Subsequent User's, as defined below, equipment or facilities, normal wear and tear excepted. If damage, other than normal wear and tear, occurs and such damage is caused by User, or User's employees, agents, contractors, or subcontractors, then User shall be liable for repair or reimbursement of repair for said damages; (b) Not interfere with BellSouth's operation on the Tower or the operations of any Prior User (as defined herein). For purposes hereof, a "Prior User" shall mean any other user of the Tower that has submitted to BellSouth a site application in good faith prior to the submission of User's Site Application for such Tower, which site application serves as the basis for a written agreement for the use of the Tower by such user. In the event BellSouth determines, in its sole discretion based on standard and accepted engineering practices, that User's Facilities are interfering with the operation of BellSouth's or a Prior User's equipment, authorized frequency spectrum or signal strength, upon the request of User, BellSouth shall provide User with a copy of the report. User shall, within forty-eight (48) hours of notification, take all steps necessary to eliminate the interference, with the exception of ceasing User's operations. If User cannot eliminate or resolve such interference within the forty-eight (48) hour period, BellSouth shall have the right to require that User turn off its Facilities and only turn on its Facilities during off-peak hours specified by BellSouth in order to test whether such interference continues or it has been satisfactorily eliminated. In the event that User is unable to resolve or eliminate, to the satisfaction of BellSouth, such interference within thirty (30) days from the initial notification of such interference, User will immediately remove or cease operations of the objectionable Facilities and BellSouth shall have the right to terminate the applicable Site Agreement. User shall not on any Site interfere with BellSouth's use of the Site, the provision of services to BellSouth's customers, or the use of the Site by other Prior Users. Such interference shall be deemed a material breach of the Site Agreement.

User's Covenants. User covenants that from the Execution Date of a ---------------- Site Agreement, that the Facilities, and all installation, operation, modification, relocation and maintenance associated therewith, will: (a) In no way damage BellSouth's Tower, Property, any other structure or accessories thereto, any Prior User's, as defined below, equipment or facilities or any Subsequent User's, as defined below, equipment or facilities, normal wear and tear excepted. If damage, other than normal wear and tear, occurs and such damage is caused by User, or User's employees, agents, contractors, or subcontractors, then User shall be liable for repair or reimbursement of repair for said damages; (b) Not interfere with BellSouth's operation on the Tower or the operations of any Prior User (as defined herein). For purposes hereof, a "Prior User" shall mean any other user of the Tower that has submitted to BellSouth a site application in good faith prior to the submission of User's Site Application for such Tower, which site application serves as the basis for a written agreement for the use of the Tower by such user. In the event BellSouth determines, in its sole discretion based on standard and accepted engineering practices, that User's Facilities are interfering with the operation of BellSouth's or a Prior User's equipment, authorized frequency spectrum or signal strength, upon the request of User, BellSouth shall provide User with a copy of the report. User shall, within forty-eight (48) hours of notification, take all steps necessary to eliminate the interference, with the exception of ceasing User's operations. If User cannot eliminate or resolve such interference within the forty-eight (48) hour period, BellSouth shall have the right to require that User turn off its Facilities and only turn on its Facilities during off-peak hours specified by BellSouth in order to test whether such interference continues or it has been satisfactorily eliminated. In the event that User is unable to resolve or eliminate, to the satisfaction of BellSouth, such interference within thirty (30) days from the initial notification of such interference, User will immediately remove or cease operations of the objectionable Facilities and BellSouth shall have the right to terminate the applicable Site Agreement. User shall not on any Site interfere with BellSouth's use of the Site, the provision of services to BellSouth's customers, or the use of the Site by other Prior Users. Such interference shall be deemed a material breach of the Site Agreement.

User's Covenants. User covenants that from the Execution Date of a ---------------- Site Agreement, that the Facilities, and all installation, operation, modification, relocation and maintenance associated therewith, will: (a) In no way damage BellSouth's Tower, Property, any other structure or accessories thereto, any Prior User's, as defined below, equipment or facilities or any Subsequent User's, as defined below, equipment or facilities, normal wear and tear excepted. If damage, other than normal wear and tear, occurs and such damage is caused by User, or User's employees, agents, contractors, or subcontractors, then User shall be liable for repair or reimbursement of repair for said damages; (b) Not interfere with BellSouth's operation on the Tower or the operations of any Prior User (as defined herein). For purposes hereof, a "Prior User" shall mean any other user of the Tower that has submitted to BellSouth a site application in good faith prior to the submission of User's Site Application for such Tower, which site application serves as the basis for a written agreement for the use of the Tower by such user. In the event BellSouth determines, in its sole discretion based on standard and accepted engineering practices, that User's Facilities are interfering with the operation of BellSouth's or a Prior User's equipment, authorized frequency spectrum or signal strength, upon the request of User, BellSouth shall provide User with a copy of the report. User shall, within forty-eight (48) hours of notification, take all steps necessary to eliminate the interference, with the exception of ceasing User's operations. If User cannot eliminate or resolve such interference within the forty-eight (48) hour period, BellSouth shall have the right to require that User turn off its Facilities and only turn on its Facilities during off-peak hours specified by BellSouth in order to test whether such interference continues or it has been satisfactorily eliminated. In the event that User is unable to resolve or eliminate, to the satisfaction of BellSouth, such interference within thirty (30) days from the initial notification of such interference, User will immediately remove or cease operations of the objectionable Facilities and BellSouth shall have the right to terminate the applicable Site Agreement. User shall not on any Site interfere with BellSouth's use of the Site, the provision of services to BellSouth's customers, or the use of the Site by other Prior Users. Such interference shall be deemed a material breach of the Site Agreement.Site

User's Covenants. User covenants that from the Execution Date of a Site Agreement, that the FacilitiesEquipment, and all installation, operation, modification, relocation and maintenance associated therewith, will: (a) In no way damage BellSouth's the Tower, Property, any other structure or accessories thereto, any Prior User's, as defined below, facilities or equipment or facilities or any Subsequent User's, as defined below, equipment facilities or facilitiesequipment, normal wear and tear excepted. If damage, other than normal wear and tear, occurs and such damage is caused by User, or User's employees, agents, contractors, or subcontractors, then User shall be liable for repair or reimbursement of repair for said damages; (b) Not interfere with BellSouthSpectraSite's operation on the Tower or the operations of any Prior User (as defined herein). For purposes hereof, a "Prior User" shall mean any other user of the Tower that has submitted to BellSouth SpectraSite a site application in good faith prior to the submission of User's Site Application for such Tower, which site application serves as the basis for a written agreement for the use of the Tower by such user. In the event BellSouth SpectraSite determines, in its sole discretion based on standard and accepted engineering practices, that User's Facilities Equipment are interfering with the operation of BellSouthSpectraSite's or a Prior User's equipment, authorized frequency spectrum or signal strength, upon the request of User, BellSouth shall provide User with a copy of the report. User shall, within forty-eight (48) hours of notification, take all steps necessary to eliminate the interference, with the exception of ceasing User's operations. If User cannot eliminate or resolve such interference within the forty-eight (48) hour period, BellSouth SpectraSite shall have the right to require that User turn off its Facilities Equipment and only turn on its Facilities Equipment during off-peak hours specified by BellSouth SpectraSite in order to test whether such interference continues or it has been satisfactorily eliminated. In the event that User is unable to resolve or eliminate, to the satisfaction of BellSouthSpectraSite, such interference within thirty (30) days from the initial notification of such interference, User will immediately remove or cease operations of the objectionable Facilities Equipment and BellSouth SpectraSite shall have the right to terminate the applicable Site Agreement. User shall not on any Site interfere with BellSouthSpectraSite's use of the Site, the provision of services to BellSouthSpectraSite's customers, or the use of the Site by other Prior Users. Such interference shall be deemed a material breach of the Site Agreement.