Common use of Interference Clause in Contracts

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment of the Building by the 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 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 parties 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 3 contracts

Sources: Telecommunication and Building Access License, Telecommunications, Telecommunications

Interference. 27.1 The Licensee Equipment a. Lessee agrees to install (and the shall cause each Carriers to install) equipment of those who the Licensee controls a type and is responsible for at law, shall frequency which will not interfere cause frequency interference with the use and enjoyment other forms of radio frequency communications existing on Lessor’s property as of the Building by date of this Lease or as may be in existence in the Licensorfuture (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or Building tenants county) rules and regulations. b. In the event Lessee’s or occupants. If any Carrier’s equipment causes such interference interference, Lessee agrees it will take all steps necessary, or shall occurcause all such steps to be made, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct and eliminate the same, forthwith after interference consistent with all government rules and regulations upon receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature written notification of the interference. At expiry Lessee shall be obligated, and shall cause each Carrier, to correct the problem of such cure period, the Licensee shall either have interference within two (a2) cured or commenced to cure said interference and communicated such action or intended course business days of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interferencereceipt of written notice from Lessor. If such interference can be corrected by Licensee as determined by the parties 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts within five (5) business days of the Licensorreceipt 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), the resolution of such Lessee’s or Carrier’s equipment causing such interference shall be determined pursuant to Section 29.1disconnected and turned off or immediately removed from the Leased Premises. 27.3 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 consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. 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 from Lessee. 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), 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. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by a party to the unlicensed spectrum being used by the Lessor at the time of execution of this License Lease, the party which did not cause the interference Lessor shall be entitled under no obligation to recover replace the cost of detection and rectification of unlicensed spectrum with a licensed spectrum to correct the interference from the other partyinterference.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Interference. 27.1 The Licensee Equipment and (a) Where there are existing radio frequency user(s) on the equipment Property, the Landlord will provide Tenant with a list of those who all existing radio frequency user(s) on the Licensee controls and is responsible Property to allow Tenant to evaluate the potential for at law, shall interference. Tenant warrants that its use of the Premises will not 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 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 and enjoyment of the Building by Property, if such use may in any way adversely affect or interfere with the LicensorCommunication Facility, the operations of Tenant or Building tenants 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 on the Property. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or occupantsagents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. If Landlord will cause such interference shall occur, the Licensor shall give the Licensee fifteen to cease within twenty-four (1524) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith hours after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature notice 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 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 parties 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 interferencefrom Tenant. In the event the Licensor fails to correct any such interference after using reasonable commercial efforts after written noticedoes not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the Licensor shall use its best efforts right, in addition to correct 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 forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant or to Section 29.1terminate this Agreement upon notice to Landlord. 27.3 In (d) The Landlord shall have the event interference is caused right to attach 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 a party to this License the party which did Landlord does not cause adversely affect the interference shall be entitled to recover service provided by the cost of detection and rectification of the interference from the other partyTenant.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Interference. 27.1 The Licensee (a) Lessee’s operation of Lessee’s Equipment shall not knowingly cause any harmful interference with the signal of any user of Lessor’s Property and/or other existing transmitter/receiver for two-way channels, television, radio or microwave utilization, whether on or off the Premises or the Property or whether transmitted or received by Lessor or Lessor’s other lessees or licensees. Furthermore, ▇▇▇▇▇▇ agrees that any interference with the existing signal of any other transmitter/receiver caused by the operation of Lessee’s Equipment shall be the responsibility of Lessee to immediately correct and eliminate. Should Lessee fail to immediately correct any such interference within forty-eight (48) hours of receipt of notice by Lessor of such interference, 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 the interference and if ▇▇▇▇▇▇ fails to correct the interference within thirty (30) days of receipt of Lessor’s notification of the same, Lessor shall have 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 those who such other tenants was installed subsequent to the Licensee controls 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 is responsible for at law, Lessor shall not interfere cooperate with Lessee in identifying the use and enjoyment source of the Building by Objectionable Interference and in causing the Licensor, or Building tenants or occupants. If responsible party to take such interference shall occur, reasonable steps necessary to eliminate 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 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 parties 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 interferenceObjectionable Interference. In the event such party causing the Licensor Objectionable Interference fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts problem and ▇▇▇▇▇▇’s broadcast continues to correct such interference forthwith. If such interference is not corrected after the best efforts be materially affected within thirty (30) days of the Licensor, the resolution Lessee notifying Lessor of such interference problem, Lessee shall be determined pursuant have the right to Section 29.1terminate this Lease by written notice to Lessor at any time thereafter unless such Objectionable Interference is eliminated within the aforesaid 30-day period. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 2 contracts

Sources: Lease Agreement, Tower and Studio Lease Agreement

Interference. 27.1 The Licensee Equipment Tenant understands that it is the intent of Owner to accommodate as many users as possible and the equipment of those who the Licensee controls and is responsible for at law, that Owner may rent space to any other entity or person(s) desiring its facilities. Tenant shall not interfere cause, by its transmitter or other activities, interference to Owner or other tenants that have previously commenced rental payments. Tenant shall provide Owner with a list of frequencies to be used at the use and enjoyment of the Building by the Licensor, or Building tenants or occupantssite prior to putting said frequencies into operation. If such interference occurs which involves Tenant, Owner may require that an intermodulation study be conducted at Tenant's cost. If Owner determines that the interference is the responsibility of Tenant, Owner will notify Tenant and Tenant shall occur, have five (5) business days from the Licensor shall give the Licensee fifteen (15) days written date of notice thereof and the Licensee shall use commercially reasonable efforts to correct the sameinterference and if not corrected, forthwith after receipt Tenant shall cease, and Owner shall have all rights to any legal means necessary including injunctive relief and self help remedies to cause Tenant to cease, transmission except for intermittent testing for the purpose of such notice, within ninety (90) days or the time frame as technically dictated by the nature of correcting the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said If interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can cannot be corrected by Licensee as determined by the parties as a result within sixty (60) calendar days from Tenant's receipt of discussions provided Owner's notice, then Owner may terminate this Agreement without further obligations to Tenant. Owner shall be responsible for in 27.1(b) curing any and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such all interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building systems or any operation 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 Equipment caused by the nature operation of equipment owned by Owner of equipment owned by a third party to this Agreement which is in privity of contract with Owner whose occupancy of the interferenceSite commences after the date of this Agreement ("Subsequent User"). In the event the Licensor fails to correct that such interference after using reasonable commercial efforts after written noticecannot be eliminated or rectified to Tenant's personal satisfaction within five (5) business days of the receipt of notice by Owner from Tenant of the existence of interference ("Notice Date"), Owner shall require the Licensor shall use its best efforts Subsequent User which is believed to correct be causing the interference to disconnect utility service to their equipment until such time as the interference forthwithcan be eliminated or rectified to the personal satisfaction of Tenant. If such said interference is cannot corrected after the best efforts be eliminated or rectified to Tenant's personal satisfaction within sixty (60) days of the LicensorNotice Date, Owner shall at the resolution request of such interference shall be determined pursuant to Section 29.1. 27.3 In Tenant require the event interference Subsequent User which is caused by a party to this License the party which did not cause causing the interference shall be entitled to recover the cost of detection and rectification of the interference immediately remove its equipment from the other partyTower and the Site or Tenant may at the sole discretion and option of Tenant, terminate this Agreement upon notice to Owner.

Appears in 2 contracts

Sources: Master Site Agreement (Horizon Personal Communications Inc), Master Site Agreement (Horizon PCS Inc)

Interference. 27.1 The Licensee Equipment (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 those who any existing antennas or equipment installed on the Licensee controls Tower or at the Tower Site, to 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 is responsible commercially reasonable practices for at lawwireless communication sites and towers thereon. (b) NBU shall not, and shall not interfere 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 of any communications equipment that interferes with the use and enjoyment operation of the Building by the LicensorCOUNTY’s Communications Facility or is not authorized by, or Building tenants violates, applicable Laws (hereinafter defined) or occupants. If such is not made or installed in accordance with good engineering practices, or (ii) implement a configuration which interferes with the operation of COUNTY’s Communications Facility. (c) In the event of any interference shall occuroccurring at the Tower Site as a result of any actions of NBU or any Other Lessees described in Section (b) above, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee NBU 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 Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If resolve any such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinproblems, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both partiesincluding, 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 the Licensor fails to correct such interference after without limitation, using reasonable commercial efforts after written notice, the Licensor shall use 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 forthwithcannot 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, powering down or turning off such equipment, with the right to resume such interference only during off-peak hours specified by COUNTY in order to determine whether such interference continues or has been eliminated; provided, however, that if any interference continues at the time the interfering equipment is powered down, the communications equipment that interferes with the operation of COUNTY’s Communications Facility shall be turned off. If NBU or any such Other Lessee cannot correct or eliminate, to the reasonable satisfaction of COUNTY, such interference within twenty (20) days of receipt by NBU of written notice from COUNTY, NBU shall or shall cause such Other Lessee to cease the operations of the 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 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 frequency, power, or type of 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 not corrected after authorized by, or violates, applicable Laws or is not made or installed in accordance with good engineering practices, or (ii) implement a configuration which interferes with the best efforts operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1Tower Site. 27.3 (e) In the event of any interference is occurring at the Tower Site as a result of any action or inaction of COUNTY, COUNTY shall be responsible for coordinating and resolving any such interference problems caused by a party COUNTY, including, without limitation, using its best efforts to this License the party which did not cause correct and eliminate the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.within forty-eight

Appears in 2 contracts

Sources: Interlocal Agreement, Interlocal Agreement

Interference. 27.1 The Licensee Equipment ▇. ▇▇▇▇▇▇ agrees to install ▇▇▇▇▇▇’s Small Wireless Facility in compliance with all FCC rules and regulations, and good engineering practices and according to the equipment of those who the Licensee controls applicable plans and is responsible for at law, specifications approved by Lessor which approval shall not interfere with the be unreasonably withheld or delayed. ▇▇▇▇▇▇ further agrees that ▇▇▇▇▇▇’s use and enjoyment of the Building by the 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 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 parties as a result of discussions provided for in 27.1(b) and is Lessee’s Small Wireless Facility will not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such cause radio frequency interference to communication facilities located on or near the satisfaction of both partiesWireless Support Structure, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building provided such systems or any of the tenants or occupants are lawfully installed 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 interferenceproperly operated. In the event of interference caused by ▇▇▇▇▇▇’s Small Wireless Facility, Lessee shall, within twenty-four (24) hours after ▇▇▇▇▇▇’s receipt of notice of such interference from Lessor, as provided in this Section, eliminate the Licensor interference or cease using Lessee’s interfering equipment, except for short tests necessary for the elimination of the interference, until the interference is cured to the reasonable satisfaction of Lessor. If Lessee, in the event of interference, fails to correct the interference within twenty-four (24) hours or ceases using the interfering equipment within said time, except for testing purposes, or demonstrate that Lessee’s equipment is not the cause of the interference, Lessor shall have the right to immediately seek injunctive relief from the applicable court requiring Lessee to cease the use of its Small Wireless Facility until such time as Lessee can show that Lessee’s Small Wireless Facility does not interfere with other communication facilities located on or near the Wireless Support Structure. It is further agreed that Lessor does not guarantee to Lessee non-interference after using reasonable commercial efforts after written notice, to the Licensor shall operation of ▇▇▇▇▇▇’s Small Wireless Facility by other current users of Lessor on the Property. Lessor will use its best efforts to correct notify other users of the Property of the interference, and to coordinate elimination of interference among the Lessee and other users of the Property, provided, however, that Lessor will not, nor will Lessor permit its employees, tenants, licensees, invitees, agents, or independent contractors to, interfere in any way with the Lessee’s Small Wireless Facility, the operations of Lessee or the rights of Lessee under this Agreement. The parties agree that such reasonable evidence of interference forthwiththat is likely caused by ▇▇▇▇▇▇’s use or operation of Lessee’s Small Wireless Facility warrants an emergency response and the notice provisions of this Agreement shall not apply. If such Rather, Lessor shall provide Lessee reasonable evidence that the interference is not corrected after likely caused by ▇▇▇▇▇▇’s use or operation of Lessee’s Small Wireless Facility verbally by telephone at (___) ___-____ or such other number that Lessee has properly notified Lessor of. Upon Lessor providing Lessee notice of reasonable evidence that any interference is likely caused by ▇▇▇▇▇▇’s use or operation of ▇▇▇▇▇▇’s Small Wireless Facility, Lessee shall send a qualified technician or representative to the best efforts Premises within twenty-four (24) hours from the time that the notice of the Licensorreasonable evidence is provided by ▇▇▇▇▇▇. The required twenty-four (24) hour emergency response time under these circumstances is applicable twenty-four (24) hours a day, the resolution of such interference seven (7) days a week. The qualified technician or representative shall be determined pursuant capable of assessing the situation and determining the necessary response, including any repairs, alterations or modifications to Section 29.1Lessee’s Small Wireless Facility. 27.3 B. Prior to adding and/or modifying Lessee’s Small Wireless Facility frequencies or any frequencies on a Wireless Support Structure on the Premises, as permitted under this Agreement, ▇▇▇▇▇▇ agrees to notify Lessor of any such additional or modified frequencies so that Lessor can perform the necessary interference studies to ensure that the additional or modified frequencies will not cause harmful radio interference to Lessor’s communication systems or other users and/or occupants on the Property. Lessee will be required to pay the reasonable costs for said study which will be performed by a professional communications engineer selected by ▇▇▇▇▇▇. In the event interference is caused by a party to this License the party which did not cause alternative, with ▇▇▇▇▇▇’s consent, ▇▇▇▇▇▇ may perform the interference studies and submit the results to the Lessor. However, Lessor, in its sole discretion, shall be entitled retain the right to recover submit the cost of detection and rectification of the interference from the other partystudy results to its professional communications engineer for review at ▇▇▇▇▇▇’s expense.

Appears in 1 contract

Sources: Small Wireless Facility Collocation Agreement

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, Tenant shall not interfere use the Roof Area or the Dish in any way that interferes with the use and enjoyment of the Building by the LicensorProperty by: (i) Landlord, or Building (ii) 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 licensees of such notice, within ninety (90) days Landlord leasing 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 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 parties 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 licensing space in the Building primarily for whom the Licensor controls same or similar use as a majority of the other tenants or licensees in the Building and which is responsible consistent with the purpose for which the Building is operated (“Building Tenants”), or (iii) tenants or licensees of Landlord who commenced occupancy at law the Building on a date which precedes the Dish Commencement Date, and who are leasing or licensing space from Landlord and using the Property as a communications transmitting or receiving site (“Existing Licensees”). The operation of the Dish shall not interfere with the provision maintenance or operation of Licensee Servicesthe Building, including but not limited to 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 the Building prior to the Dish Commencement Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any such 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 to continue to cease all operations until the interference has been corrected to the sole satisfaction of the Landlord. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall occur the Licensee be lawful and in compliance with all FCC rules and regulations. Tenant shall give the Licensor written notice thereof be responsible for all costs associated with any tests deemed necessary to resolve any and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated all interference which Landlord determines or reasonably believes is being caused by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall Dish or Tenant’s use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1thereof. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Office Lease (Akorn Inc)

Interference. 27.1 The Licensee Equipment a. USER shall obtain and provide CITY, at USER’S sole cost and expense, a radio frequency interference study (“RF Report”) carried out by an independent professional radio frequency engineer (“USER’S RF Engineer”) showing that the equipment use of those who the Licensee controls and is responsible for at law, shall USER’S proposed “radio frequency,” as shown on any Application will not interfere with any existing, licensed communications facilities on the use and enjoyment Premises, or CITY’S communications facilities (“CITY’S Communication System”). The USER’S RF Engineer shall provide the applicable RF Report to CITY on or before thirty (30) days of the Building applicable Application. b. As part of the Application package, USER shall provide a FCC compliance letter indicating that USER’s Small Wireless Facility complies with FCC standards for RF emissions. The letter shall also contain information regarding location of RF caution signage in relation to the Small Wireless Facility equipment. Upon request by CITY and in conjunction with the Licensorfirst Application made pursuant to this Agreement, USER shall provide CITY with a radiation study of USER'S proposed Communication Facility equipment, to be used in any of the USER'S Communication Facilities, showing that the operation of USER'S proposed Communication Facility equipment shall comply FCC guidelines ("Radiation Report"). CITY may have the Radiation Report reviewed by CITY'S radiation engineer ("Radiation Engineer") to determine if USER is not in compliance with FCC requirements. In the event USER'S proposed Communication Equipment will not comply with FCC requirements, USER shall not use said equipment in any of USER'S Communication Facilities. USER shall be responsible for all cost relating to the Radiation Report and the review of the Radiation Report by CITY'S Radiation Engineer. This study is only required for the first Application made pursuant to this Agreement. c. USER shall implement all measures at the transmission site required by FCC regulations, including but not limited to posting signs and markings. CITY shall cooperate with and permit USER to implement all reasonable measures in order for USER to fulfill FCC obligations. CITY agrees that in the event any future party causes an applicable Premises to exceed FCC Radio Frequency radiation limits, as measured on the Premises, CITY shall hold such future party liable for all such later-arising non-compliance. d. USER agrees to install USER’S Small Wireless Facility in compliance with all terms and conditions of this Agreement and all FCC rules and regulations, and good engineering practices and according to the Plans, Application, applicable Supplement and this Agreement. USER further agrees that the USER’S use of the USER’S Small Wireless Facility will not cause radio frequency interference to CITY’S Communication Systems, provided such systems are lawfully installed and operated. In the event of interference with CITY’S Communications System, USER shall, within twenty-four (24) hours after USER’S receipt of notice of such interference from CITY, as provided in this Section eliminate the interference or Building tenants or occupantscease using USER’S interfering equipment, except for short tests necessary for the elimination of the interference, until the interference is cured to the reasonable satisfaction of the CITY. If such USER, in the event of interference shall occurwith CITY’S Communication Systems, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts fails to correct the sameinterference within twenty-four (24) hours or cease using the interfering equipment within said time, forthwith after receipt except for testing purposes, or demonstrate that USER’S Small Wireless Facility is not the cause of such noticethe interference, within ninety (90) days USER shall cease operation of its Small Wireless Facility or provide CITY with evidence the time frame as technically dictated by USER’S Small Wireless Facility is not the nature cause of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced It is further agreed that CITY does not guarantee to cure said interference and communicated such action or intended course of action to the 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 parties 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 USER non-interference to the satisfaction operation of both parties, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building systems USER’S Small Wireless Facility by CITY’S Communication Systems or any other current users of the tenants Premises 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 ServicesProperty (if any). 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall CITY will use its best efforts to correct notify other users of the Premises or Property of the interference among USER and other users of the Premises or Property. The Parties agree that such reasonable evidence of interference forthwiththat is likely caused by USER’S use or operation of USER’S Small Wireless Facility warrants an emergency response and the Notice provision of this Agreement shall not apply. Rather, CITY shall provide USER reasonable evidence that the interference is likely caused by the USER’S use or operation of USER’S equipment verbally by telephone to USER’S NMC at (▇▇▇) ▇▇▇-▇▇▇▇. Upon CITY providing USER notice of reasonable evidence that any interference is likely caused by USER’S use or operation of USER’S equipment USER shall send a qualified technician or representative to the Premises within twenty-four (24) hours from the time that the notice of reasonable evidence is provided by CITY. The required twenty-four (24) hour emergency response time under these circumstances is applicable 24 hours a day, 7 days a week. The qualified technician or representative shall be capable of assessing the situation and eliciting the necessary response, including any repairs, alterations, or modifications to USER’S Small Wireless Facility. Prior to adding and/or modifying USER’S Small Wireless Facility or any frequencies on a Wireless Support Structure or the Premises, as permitted under this Agreement, USER agrees to notify the CITY of the modified frequencies so that CITY can determine whether or not the modified frequencies will cause radio interference to CITY’S Communication Systems, or other licensees and/or occupants on the applicable Wireless Support Structure or Premises. Upon request of CITY, USER shall, at USER’S cost and expense, provide CITY with an interference study showing there is not any interference with CITY’S Communication Systems as a result of the modification of the frequencies. The CITY, in its sole discretion, shall retain the right provided herein to submit the interference study results to CITY’S RF Engineer for review. If such the USER fails to perform an interference is not corrected after study requested by CITY and submit the best efforts of results to the LicensorCITY, the resolution of such CITY may have an interference study performed and the USER shall be determined pursuant to Section 29.1. 27.3 In pay the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover CITY the cost of detection and rectification of the said interference from the other partystudy.

Appears in 1 contract

Sources: Small Wireless Facility Collocation Agreement

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, Tenant shall not interfere use the Roof Area or the Dish in any way that interferes with the use and enjoyment of the Building by the LicensorProperty by: (i) Landlord, or Building (ii) 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 licensees of such notice, within ninety (90) days Landlord leasing 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 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 parties 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 licensing space in the Building primarily for whom the Licensor controls same or similar use as a majority of the other tenants or licensees in the Building and which is responsible consistent with the purpose for which the Building is operated (“Building Tenants”), or (iii) tenants or licensees of Landlord who commenced occupancy at law the Building on a date which precedes the Dish Commencement Date, and who are leasing or licensing space from Landlord and using the Property as a communications transmitting or receiving site (“Existing Licensees”). The operation of the Dish shall not interfere with the provision maintenance or operation of Licensee Servicesthe Building, including but not limited to 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 the Building prior to the Dish Commencement Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any such interference. Tenant agrees to cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours of receipt of notice from Landlord of such interference and to continue to cease all operations until the interference has been corrected to the sole satisfaction of the Landlord. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall occur the Licensee be lawful and in compliance with all FCC rules and regulations. Tenant shall give the Licensor written notice thereof be responsible for all costs associated with any tests deemed necessary to resolve any and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated all interference which Landlord determines or reasonably believes is being caused by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall Dish or Tenant’s use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1thereof. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Office Lease (Sciquest Inc)

Interference. 27.1 The Licensee Equipment (a) Lessee shall erect, construct, and operate its equipment and property on the Tower and Property in a manner that will not cause interference to the County or any other lessees or licensees of the Tower and Property, provided that the rights or installations of such other lessees or licensees predate the installation of Lessee's property and equipment. All operations by Lessee shall be in compliance with all FCC requirements. In the event any after-installed Lessee's equipment causes such interference, and after County has notified Lessee in writing of such interference, ▇▇▇▇▇▇ shall immediately take all commercially reasonable steps to correct and eliminate the interference, including but not limited to, powering down such equipment and later powering up such equipment for intermittent testing only. If, despite ▇▇▇▇▇▇'s attempts to correct such interference, ▇▇▇▇▇▇ has not successfully eliminated such interference within sixty (60) days, then the County shall have the option to terminate this Lease, in which event Lessee shall, immediately upon notice of such termination, completely cease to operate its broadband internet equipment. Lessee shall thereafter remove ▇▇▇▇▇▇'s equipment from the Tower and equipment shelter from the Property within such reasonable period of time as shall be determined by the parties not to exceed forty-five (45) days and the equipment County shall refund to the Lessee, pro-rata, any unearned rent paid in advance. (b) Subsequent to the installation of those who Lessee's property and equipment, the Licensee controls and is responsible for at law, County shall not interfere permit its other lessees or licensees to install new equipment on the Tower and Property or property contiguous thereto owned or controlled by the County if such equipment causes interference with the use and enjoyment ▇▇▇▇▇▇'s operations as of the Building by date in which such new equipment is or would be installed on the Licensor, or Building tenants or occupantsTower and Property. If such interference shall occuroccurs, the Licensor County agrees to require such lessee or licensee to take all commercially reasonable steps, including but not limited to, powering down such equipment and later powering up such equipment for intermittent testing only. The County shall give terminate its lease with the Licensee fifteen (15) days written notice thereof lessee or licensee owning or controlling the equipment causing the interference if the lessee or licensee fails to act in good faith and diligently pursue an interference cure to completion. If the interference does not cease and the Licensee shall use commercially reasonable efforts to correct County does not terminate the same, forthwith after receipt of such notice, within ninety (90) days lease or license with the time frame as technically dictated by the nature of the interference. At expiry of such cure periodoffending lessee or licensor, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the 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 parties 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 Lessee may terminate this agreementLease. 27.2 The Licensor's Building systems or any of the tenants or occupants and anyone (c) Nothing contained 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference this Lease shall be determined pursuant construed to prohibit the County from permitting additional lessees of licenses from erecting, constructing, or operating any equipment on the Tower or Property in addition to Lessee's facilities provided that such additional equipment does not result in a breach of Section 29.113(b) of this Lease and or does not disturb the directional pattern of Lessee's normal signal. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Tower Space Lease Agreement

Interference. 27.1 (a) Upon the written request of the Tenant, where there are existing radio frequency user(s) on the Property, the Landlord (to the best of its abilities) will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Leased Premises will not 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 all applicable laws and regulations. ▇▇▇▇▇▇ further agrees that it will cooperate with Landlord and with any other radio frequency user(s) Landlord permits to be on the Property, by sharing the requisite information to determine what potential interference issues may exist and to take all reasonable steps necessary to avoid such interference. (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 Tower Facilities, the operations of Tenant or the rights of Tenant under this Agreement. (c) The Licensee Equipment Tenant’s Tower Facilities shall be of the type and frequency which will not cause measurable interference, as defined by the Federal Communications Commission (“FCC”), to any currently leased and operating communications equipment of Landlord, other existing entities on the Property, or adjacent landowners. In the event Tenant’s Tower Facilities causes such interference, Tenant shall take all reasonable steps necessary to correct and eliminate the interference. (d) Prior to commencing operations of its Tower Facilities, Tenant shall provide written assurance, in a format reasonable and customarily accepted by the federal government, ensuring that Tenant’s Tower Facilities comply with all federal requirements for RF emissions, and that Tenant’s Tower Facilities will not cause measurable interference with the equipment located on the Property and/or adjacent property. (e) Tenant understands that no use of those who the Licensee controls Leased Premises and/or Property will be permitted which exceeds federal RF emissions standards within and is responsible for at lawthe boundaries of the Leased Premises and/or Property. If the cumulative RF emissions levels ever exceed federal standards, all users of the Leased Premises and/or Property that are not public sector entities, including Tenant, will be required to modify operations on a reasonably comparable level, in order to bring the overall RF emissions into compliance. (f) Notwithstanding any other provision to the contrary, ▇▇▇▇▇▇’s activities shall not interfere with the use and peaceful enjoyment of the Building Leased Premises by ▇▇▇▇▇▇▇▇’s operations at the LicensorProperty or endanger the health or safety of Landlords’s employees and/or tenants, lessees 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 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 parties 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 agreementlicensees. 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Tower Lease Agreement

Interference. 27.1 The Licensee Equipment 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 equipment of those who Property, the Licensee controls be notified. Licensee agrees to install and is responsible for at law, shall operate only equipment that does not interfere with the use and enjoyment cause interference to Licensor's or other lessees or licensees of the Building by Property (“Pre-Existing User”); provided that their installations and use predate that of the Licensor, or Building tenants or occupantsLicensee's installation. If In the event that the Licensee's equipment cause such interference shall occuror any permitted subsequent modification or addition causes such interference, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts take all steps necessary 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 and eliminate the interference. At expiry of such cure period, If the interference is substantial then Licensee shall either have five (5) days to resolve the interference problem. If the interference is substantial and cannot be resolved within five (5) days, 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 substantial, Licensee 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, Licensee shall not be in default of this provision as long as (a) cured or commenced to cure said the interference and communicated such action or intended course of action to the Licensor; is not substantial or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such remains powered down (except for intermittent testing) while addressing substantial interference. If such Licensee determines that it is unable to cure any substantial interference can be corrected by within a period of thirty (30) days, Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinmay, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both partiesat its sole option, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building systems or License. Licensor agrees not to allow any lessee of the tenants Property whose equipment is installed or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not modified subsequent to Licensee’s then current operation of Licensee's equipment (“Subsequent User”) to interfere with the provision operation 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 interferenceLicensee. In the event the Licensee is subject to any such interference, Licensor fails shall (or shall cause other Subsequent Users) take all steps necessary to correct such interference after using reasonable commercial efforts after written notice, and eliminate the Licensor shall use its best efforts to correct such interference forthwithinterference. If such interference is not corrected eliminated within five (5) days after the best efforts Licensor’s receipt of the Licensor, the resolution 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 determined pursuant deemed or interpreted to Section 29.1. 27.3 In authorize Licensee to illegally transmit on any frequencies or to provide any protection to Licensee from interference from any other person in the event interference that Licensee is caused by a party to this License the party which did not cause the interference operating on any unlicensed frequency spectrum. Licensor shall be entitled to recover the cost of detection and rectification impose upon future lessees of the interference Property a similar duty to refrain from the other partyinterfering with Licensee.

Appears in 1 contract

Sources: Lease Agreement

Interference. 27.1 The Licensee Equipment and (a) Tenant warrants that its use of the equipment of those who the Licensee controls and is responsible for at law, shall Leased Property will not interfere with any existing radio frequency users on the use Property, so long as the existing radio frequency users operate and enjoyment continue to operate within the frequencies existing as of the Building date of this Site Agreement and in accordance with all applicable laws and regulations. If, at any time during the initial term or any Option Period of this Site Agreement, Tenant’s use of the Leased Property interferes with any existing radio frequency user’s operations, and after the City has notified Tenant of such interference, then Tenant shall take all necessary actions to discontinue the interference. (b) Tenant’s use of the Leased Property (See Section 5, supra) shall, at all times, be subordinate to the City’s or any other governmental entity’s use of the Leased Property or the Property for any public purpose. Tenant shall relocate or adjust its Communications Facility or adjust its operations to accommodate the City’s use within a reasonable time, when such relocation or adjustment is requested by the LicensorCity to accommodate its use, or Building tenants any governmental entity’s use of the Leased Property or occupantsthe Property for public purposes; provided, however, that in the event that the City requires such relocation or adjustment more than one time during the initial term or any Option Period of this Site Agreement, or if such relocation or adjustment impairs Tenant’s ability to use the Leased Property as a Communications Facility, then Tenant shall have the option to terminate this Site Agreement, effective as of the date such relocation or adjustment was to have taken effect. Any relocation or adjustment under this section shall be at the sole cost and expense of the Tenant. (c) If any interference with the City’s or any other governmental entity’s use of the Leased Property or the Property cannot be eliminated within three days after written notice thereof, Tenant agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means is found to mitigate them. If said interference cannot be eliminated, then this Site Agreement will be terminated and Tenant shall remove its Communications Facility from the Property as agreed at Section 13, infra. (d) The City will not grant, after the date of this Site Agreement, a lease, license, or any other right to a third party, if the exercise of such interference shall occurgrant may, in any way, adversely affect or interfere with the Communications Facility, the Licensor operations of Tenant, or the rights of Tenant under this Site Agreement. The City shall give cause all subsequent users of the Licensee fifteen (15) Tower to first coordinate with Tenant to ensure that their frequencies and antenna locations will be compatible with Tenant’s and to require such subsequent users to agree to provisions similar to this Section. The City will cause any radio frequency interference or physical signal obstruction to cease within three work days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of notice from Tenant. In the event any such notice, interference does not cease within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such aforementioned cure period, the Licensee City shall either have cause all operations which are suspected of causing interference to cease (a) cured or commenced except for intermittent testing to cure said interference and communicated such action or intended course determine the cause of action to the 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 parties 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause until the interference shall be entitled to recover the cost of detection and rectification of the interference from the other partyhas been corrected.

Appears in 1 contract

Sources: Site Agreement

Interference. 27.1 The Licensee Equipment and the equipment exercise of those who the Licensee controls and is responsible for at law, Tenant's rights set forth in this Rider ------------ shall not unreasonably interfere with (a) any rights of other tenants at the use Project, and enjoyment (b) any other wiring, cabling, equipment and/or other property located within the risers and shaftways of the Building by or otherwise at the LicensorProject (the interference described in this sentence is herein collectively referred to as "Interference"). If, in Landlord's judgement reasonably exercised, either (i) the Generator Pad, Additional Conduit, Tenant UPS System, Tenant's Power Generator, Tenant's Security System and/or Equipment Room Property are causing or Building tenants have caused Interference and such Interference did not arise merely as a result of the existence of any of the foregoing at the time of Landlord's leasing other space in the Project, and/or (ii) Tenant's exercise of its rights set forth in this Rider are causing or occupants. If such interference have caused Interference, Landlord shall occur, the Licensor shall give the Licensee fifteen (15) days provide Tenant with written notice thereof and Tenant shall promptly begin taking actions to prevent the Licensee applicable Interference and shall use commercially reasonable efforts to correct the same, forthwith in any event end such Interference within ten (10) days after Tenant's receipt of such written notice, . If Tenant has failed to promptly begin taking actions to prevent the applicable Interference and/or failed to end such Interference within ninety ten (9010) days or the time frame as technically dictated by the nature after Tenant's receipt 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 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 parties 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 thereof, such failure shall constitute an Event of Default and Landlord shall have the right, in addition to any and all other remedies available to it under this Rider and the Licensor Lease, to require that Tenant remove the Generator Pad, Additional Conduit, Tenant UPS System, Tenant's Power Generator, Tenant's Security System and/or Equipment Room Property, as applicable, by giving Tenant written notice thereof, which removal by Tenant shall use commercially reasonable efforts to correct same forthwith be completed in accordance with this Rider and the Lease and within thirty (30) days after Tenant's receipt of such notice within written removal notice. Tenant acknowledges and agrees that continuing Interference may cause irreparable injury and, therefore, Landlord shall additionally have the time frame as dictated by right to bring an action to enjoin such Interference. Landlord acknowledges and agrees that if another tenant at the nature Project seeks to install or actually install wiring, cabling, equipment, antennas or other property at the Project and any of Tenant's wiring, cabling, equipment, antennas or other property at the interference. In Project (including, without limitation, the event the Licensor fails to correct Generator Pad, Additional Conduit, Tenant UPS System, Tenant's Power Generator, Tenant's Security System and/or Equipment Room Property) interferes with such tenant's property, such interference after using reasonable commercial efforts after written notice, will not constitute Interference for the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts purposes of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1this paragraph. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Triple Net Lease (Inflow Inc)

Interference. 27.1 The Licensee Equipment (a) Prior to the execution of this Agreement, Landlord will provide Tenant with a list of radio frequency user(s) and frequencies for Landlord’s municipal or other essential emergency services that Landlord desires to operate on the equipment tower to be constructed by Tenant on the Property, so Tenant may evaluate the potential for interference. In no event shall Landlord frequency users and frequencies include Tenant competitors. Landlord will not grant, after the date of those who the Licensee controls and is responsible for at lawthis Agreement, shall not a lease, license or any other right to any third party, if exercise of such grant may in any way adversely affect or interfere with the use Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement except for Landlord’s municipal or other essential emergency services that have been previously identified and enjoyment evaluated by Tenant pursuant to the first sentence of this Section 8(a) and that are operating within their respective licensed frequencies and in accordance with all applicable laws, rules and regulations. ▇▇▇▇▇▇▇▇ will notify Tenant in writing prior to granting any third party the Building by right to install and operate communications equipment on the LicensorProperty. (b) Landlord will not, nor will Landlord permit its tenants, licensees, invitees, agents or Building tenants independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or occupantsthe rights of Tenant under this Agreement. If Landlord will cause such interference shall occur, the Licensor shall give the Licensee fifteen to cease within twenty-four (1524) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith hours after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature notice 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 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 parties 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 interferencefrom ▇▇▇▇▇▇. In the event the Licensor fails to correct any such interference after using reasonable commercial efforts after written noticedoes not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. In the event Landlord’s municipal or other essential emergency services or changes in the same are believed to be the cause of interference to Tenant, the Licensor shall parties agree to cooperate in good faith with each other to resolve such interference, in a way that does not have a material adverse effect on Tenant’s Permitted Use or Landlord’s provision of municipal or other essential emergency services that have been previously identified and evaluated by Tenant pursuant to the first sentence of Section 8(a) and that are operating within their respective licensed frequencies and in accordance with all applicable laws, rules and regulations. Possible remedies may include but are not limited to spatial separation or the use its best efforts to correct such interference forthwithof filters. If In the event any such interference is not corrected after cured within the best efforts aforementioned period, Tenant shall have the right to: (i) terminate this Agreement without liability of any kind upon notice to Landlord. (c) For the Licensorpurposes of this Agreement, “interference” may include, but is not limited to, any use on the Property and/or Premises that causes electronic or physical obstruction with, or degradation of, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference communications signals from the other partyCommunication Facility.

Appears in 1 contract

Sources: Land Lease Agreement

Interference. 27.1 The Licensee Equipment A. In the event that Lessee’s continued operation of the Communications Facility on the Premises results in the material interruption of the District’s Essential Communications Systems (as such term is defined below) on the Property, District shall provide written notice to Lessee. Lessee and the equipment District shall work to identify any necessary modifications to remediate the interference. If, after the exhaustion of efforts to remediate such interference from the Communications Facility such that the District cannot operate its Essential Communications Systems on the Property, then the District shall have the right in its reasonable discretion, to relocate Lessee and its Communications Facility, at Lessee’s expense given that the District’s Essential Operations (as such term is defined below) at the site must take precedence and priority to those who of Lessee. B. Lessee shall at all times during this Lease operate its Communication Facility in a manner that will not cause interference with the Licensee controls District’s Essential Communication Systems on the Premises or that it may install in the future, provided that the District agrees that prior to any material changes to its Essential Communications Systems equipment, it will notify Lessee in an effort to address any potential issues prior to installation of same. Lessee recognizes and acknowledges that the District may install Essential Communication Systems on the Property as provided for hereunder. In an effort to avoid interference the District shall notify Lessee of any planned maintenance and any proposed changes to its operations or facilities on the Property and the Premises and confer with Lessee in an effort to eliminate possible interference. C. If Lessee is responsible unable to eliminate the interference within thirty (30) days following receipt of notice from the District, then the District may terminate this Lease effective six (6) months following written notice. D. During the term, or extension thereof if any, of this Lease, the District will not grant a similar lease for at law, shall not the Premises to any non-public agency if the lease would materially interfere with the use and enjoyment operation of Lessee's Communications Facility, provided that Lessee shall cooperate with the Building District regarding the proposed additional uses on the Property, including any reasonable accommodations by Lessee to avoid potential interference or incompatibility. E. As used in this section, the term “Essential Operations” means those District activities that are deemed necessary by the LicensorDistrict to carry out the District’s core governmental and public utility purposes, 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 term “Essential Communications Systems” means those District communications systems that are directly related to correct and necessary for 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 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 parties 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 agreementDistrict’s Essential Operations. 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Lease Agreement

Interference. 27.1 The Licensee In the event the Premises need repainting or other maintenance which requires the temporary removal (not to exceed 60 days) of Lessee’s antennas, then ▇▇▇▇▇▇ agrees to relocate its antennas at its expense upon one hundred twenty (120) days’ notice from Town; provided, however, that during such temporary relocation of Lessee’s antennas, Town shall provide other ground space on the Premises for Lessee to place a Cell on Wheels (COW) or other support structure for the installation of Lessee’s antennas during such temporary relocation. ▇▇▇▇▇▇’s obligations to pay rent hereunder shall ▇▇▇▇▇ during such temporary relocation and until ▇▇▇▇▇▇’s antennas are reinstalled on the original Premises. a. Lessee shall comply with all federal, state, and local regulations governing the installation and operation of its Equipment and the shall install and operate its Equipment in a manner which does not cause material interference to pre-existing equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment Town or other pre-existing tenants of the Building by Property. Lessee shall perform, at ▇▇▇▇▇▇’s sole cost and expense, an intermodulation study of Lessee’s transmission of signals at the Licensor, or Building tenants or occupants. If such interference shall occurPremises, the Licensor results of which shall give the Licensee fifteen be given to Town (15i) 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 prior to the Licensor; or installation of Lessee’s Equipment and (bii) Licensor and Licensee shall discuss commercially reasonable options subsequent to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinsaid installation, 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 event that Lessee changes the Licensor controls frequency at which it operates its Equipment or adds equipment on the Water Tower. Lessee and is responsible at law shall not interfere with Town will consult on the provision location 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 any future additions to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference▇▇▇▇▇▇’s Equipment. In the event that Lessee causes material interference to any pre-existing equipment or ▇▇▇▇▇▇’s changes in frequency or additional equipment cause material interference to then existing equipment of Town or other tenants of the Licensor fails Property, Lessee agrees to correct take all action necessary to eliminate such interference (including, without limitation, reducing the power sufficiently to cease the interference , except for intermittent testing, which testing, shall be coordinated with Town) within seventy two (72) hours of written notice of the same. Should the interference described in this Section 4(a) continue for more than seventy-two (72) hours after using notice thereof, Town shall have the right to demand that Lessee turn off power to the interfering equipment until such time as the interference is eliminated. b. As of the date of execution of the Lease, Town will use best efforts (which duty shall be met by providing Lessee with details pertaining to installation of equipment by any Future Tenants and affording Lessee reasonable commercial efforts after written noticetime to respond to same and taking any actions necessary to ensure that any issues raised in Lessee’s response are addressed/resolved prior to Future Tenant’s installation) to see that the Town, existing tenants and/or other tenants of the Property who in the future take possession of the Town’s Property and/or add new equipment thereto (collectively, “Future Tenants”) will be permitted to install only such equipment on the Property that is of the type and frequency which will not cause material interference to ▇▇▇▇▇▇’s pre-existing Equipment and Town agrees to include and enforce a provision substantially similar to Section 4(a) (including expressly and without limitation Town’s right to turn off power to interfering equipment if interference is not eliminated within seventy two (72) hour cure period) in all future agreements for use of the Property. Town shall require Future Tenant(s) to (i) perform an intermodulation study and (ii) provide the results of such study to Lessee for Lessee’s review no less than thirty (30) days prior to the projected installation date of any equipment by Future Tenant. Lessee shall have thirty (30) days from its receipt of such study to review the same and notify Town of any likely interference, Town shall immediately notify the Future Tenant of the same, and Lessee, the Licensor Town and the Future Tenant shall thereafter consult on the location and operation of any such Future Tenant’s equipment. Town shall not permit any Future Tenant to install equipment, unless Future Tenant has performed an intermodulation study, provided Lessee with the results and ▇▇▇▇▇▇ has either confirmed that the proposed installation will not cause interference to ▇▇▇▇▇▇’s pre-existing Equipment or has failed to respond to Town within thirty (30) days after ▇▇▇▇▇▇’s receipt of the results of the intermodulation study. Should the interference described in this Section4(b) occur, the Town agrees to use its best efforts to correct cause the interfering party to cease operation of the interfering equipment, except for intermittent testing coordinated with Lessee) within seventy two (72) hours after written notice from ▇▇▇▇▇▇. Should such interference forthwith. If continue for more than seventy two (72) hours despite ▇▇▇▇’s attempts to eliminate the interference, the Town agrees to turn off power to the interfering equipment (except for intermittent testing coordinated with ▇▇▇▇▇▇) until such time as the interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1cured. 27.3 c. In the event that, despite Town’s compliance with the provisions of Section 4(b), there is continuing interference is caused to Lessee by a party Future Tenant(s) on the Property, the parties agree that, Lessee may terminate this Lease immediately upon notice to this License the party which did not cause the interference shall be entitled Town without further liability to recover the cost Town and without further liability of detection and rectification of the interference from the other partyTown to Lessee.

Appears in 1 contract

Sources: Lease Agreement

Interference. 27.1 The Licensee Equipment Satellite Dish or Dishes and Tenant’s use of the Licensed Area and related equipment of those who the Licensee controls and is responsible for at law, shall not interfere in any manner with Landlord’s activities in the use applicable Building and enjoyment shall not damage or interfere with any facilities or equipment of any type installed by Landlord or any other person or entity, including without limitation, the Building by Systems and any satellite dishes, antenna, computer or other devices or systems installed at the LicensorProject at any time. Tenant agrees, or Building tenants or occupants. If warrants and represents that should any such interference shall occur, the Licensor it 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 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 parties 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 take whatever steps are required 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 within two (2) Business Days after receiving written notice thereof from Landlord, and that should there occur any interference with the Licensor ability of Landlord or any tenants, occupants or licensees of the Project to communicate in any manner (whether by radio, television, electrical, telephone, computer, microwave or otherwise) that Tenant shall use commercially reasonable efforts take whatever steps are required to stop such interference within seventy-two (72) hours after receiving written notice thereof from Landlord. If despite Tenant’s steps to stop such interference, the interference continues, then Tenant shall discontinue using the Satellite Dish(es) and related equipment. Tenant’s failure to promptly correct any such interference, as set forth herein, shall constitute an Event of Default and shall entitle Landlord to correct same forthwith after receipt of such notice within the time frame as dictated by the nature cause of the interference, and to charge Tenant with all costs so incurred. In Tenant agrees that Landlord shall not be responsible for preventing or correcting any interference that may be caused to Tenant’s Satellite Dish(es) and related equipment or its use and that Tenant shall be fully responsible for coordinating and cooperating with other tenants, occupants or licensees who have communications devices at the event Project in order to minimize or prevent any interference by or with Tenant’s Equipment and its use (except as Landlord may otherwise expressly agree to the Licensor fails contrary at the time Landlord approves Tenant’s Plans; for example, based on a particular proposed location for Tenant’s Satellite Dishes, Landlord may agree not to correct such interference after using reasonable commercial efforts after written notice, locate anything that would interfere with Tenant’s Satellite Dish between Tenant’s Satellite Dish and the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts edge of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1roof). 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Lease Agreement (ArcSight Inc)

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, shall not allow its Attachment(s) to impair the ability of the City or any third party to use City Facilities, nor shall Licensee allow its Attachment(s) to interfere with the use operation of any City or other governmental Facilities. 4.4.1 Licensee shall comply with all Federal Communications Commission (“FCC”) and enjoyment other federal, state and local laws, rules, orders and regulations and all directives of the Building by relevant regulatory agencies that are applicable in connection with the Licensorinstallation and operation of Licensee’s Attachments. 4.4.2 In the event that the installation, operation or Building tenants maintenance of the Attachment(s), whether or occupants. If not such operation is in compliance with the terms of Licensee's applicable FCC licenses, creates any interference shall occurwith the operation of the City’s or any other governmental entity’s communication or other equipment, 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 of receipt of notice of such interference, at Licensee’s sole cost and expense, take such reasonable steps as may be necessary or the time frame as technically dictated recommended by the nature of the interference. At expiry of City or regulatory agencies to eliminate 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 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 parties 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 that the Licensor fails installation, operation or maintenance of the Attachment(s) creates any interference with the operation of the pre-existing equipment of third parties using the Site pursuant to correct an agreement with the City or any other pre-existing uses of electronic equipment, Licensee shall within ninety (90) days of receipt of notice of such interference, at Licensee’s sole cost and expense, take such reasonable steps as may be necessary to eliminate such interference after using reasonable commercial efforts after written noticein accordance with FCC or other applicable regulatory requirements. If Licensee is unable or refuses to eliminate such interference, the Licensor City may terminate Licensee's use of or right to use the Facility upon which such interfering Attachment is located, and Licensee shall use its best efforts promptly remove the Attachment from the Facility. 4.4.3 Notwithstanding the foregoing, if equipment installed on a Facility by any third party using the Facility pursuant to correct such interference forthwith. If such interference is not corrected after an agreement with the best efforts City subsequent to the installation of the Licensor, Licensee's Attachment on the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.Site causes interference,

Appears in 1 contract

Sources: Master License Agreement

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment of the Building by the 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 Tenant agrees to cure said install Equipment only of types and generating frequencies, which will not cause interference and communicated such action or intended course of action to the 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 parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereintransmissions, 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 signals from Landlord and other users of the tenants Project as may be already in place or occupants and anyone in may hereafter be placed on the Building for whom the Licensor controls and is responsible at law Project. Tenant shall not interfere change the frequency range outside of the 1850-1990 MHZ frequency range if it interferes 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 other users within the time frame as dictated by the nature of the interferenceProject. In the event that the Licensor fails Equipment causes such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receipt of written notice from Landlord to Tenant, Tenant shall disconnect electronic power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) until such interference after using reasonable commercial efforts after written noticeis corrected, the Licensor shall use its best efforts to correct such interference forthwith. If and if such interference is not corrected within 30 days after the best efforts receipt of the Licensorwritten notice, Tenant agrees to remove the resolution Equipment from the Project and this Rider shall terminate as if by expiration. (b) Tenant will not permit the Equipment to create discernible adverse affects on any other equipment located on or in the Building, or transmissions or reception of signals of such interference shall other equipment. Tenant and Landlord acknowledge the Equipment emits electromagnetic fields. The guidelines for human exposure to these electromagnetic fields are recommended in "American National Standard Safety Levels with respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 KHZ to 100 ▇▇▇," (▇▇▇▇ ▇▇▇.▇-▇▇▇▇) ▇▇▇ued by the American National Standards Institute and adopted by the Federal Communications Commission, as same may be determined pursuant undated or amended from time to Section 29.1time (the "ANSI Standards"). Tenant agrees to fully comply with the latest adopted edition of the ANSI Standards and any other standards or regulations which may be adopted from time to time by governmental agencies having jurisdiction over the use of the Equipment. 27.3 (c) Landlord shall have no liability for any interference to Tenant's operation of the Equipment caused by a third party. Landlord agrees to use reasonable efforts enforce upon any third party users of the Building roof the similar restrictions regarding interference as set forth in this Paragraph 4, provided that Landlord shall not be obligated to expend funds or institute a lawsuit against such third party user. (d) In the event interference is caused by a party to this License the party of any default hereunder which did not cause the interference shall be entitled to recover the cost of detection and rectification remains uncured after expiration of the interference from non-monetary default cure period set forth in the other partyLease, Landlord shall also have the right to terminate this Rider independent of or in connection with the Lease termination.

Appears in 1 contract

Sources: Office Lease (Mackenzie Investment Management Inc)

Interference. 27.1 (a) Where there are existing radio frequency user(s) on the Property, Landlord will provide Tenant, upon execution of this Agreement, with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not 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 all applicable laws and regulation. Tenant will cause such interference to cease within forty-eight (48) hours after receipt of written notice of interference from Landlord. In the event any such interference does not cease within the aforementioned cure period, Tenant shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. ▇▇▇▇▇▇▇▇ will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees, agents, of independent contractors to use, any portion of the Property in any way which materially interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within forty-eight (48) hours after receipt of written notice of interference from ▇▇▇▇▇▇. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) The Licensee Equipment installation, maintenance and operation of the equipment of those who the Licensee controls and is responsible for at law, shall Communication Facility will not interfere with the use Landlord’s lawfully installed and enjoyment of the Building by the Licensor, properly operated emergency police equipment 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 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 parties 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 operations within the time frame as dictated by the nature of the interferenceProperty. In the event ▇▇▇▇▇▇'s installations interfere with Landlord’s emergency police equipment or operations, Tenant will cease the Licensor fails to correct operations suspected of causing such interference within forty-eight (48) hours after using reasonable commercial efforts after receipt of written notice, notice thereof from Landlord (except for intermittent testing to determine the Licensor shall use its best efforts cause of such interference) until ▇▇▇▇▇▇ is able to correct such interference forthwithresolve the interference. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall cannot be resolved, either party will be entitled to recover terminate this Agreement. (e) For the cost purposes of detection and rectification of this Agreement, "interference" may include, but is not limited to, any use on the interference Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the other partyCommunication Facility.

Appears in 1 contract

Sources: Option and Lease Agreement

Interference. 27.1 The Licensee Equipment (a) Landlord shall operate each Premises in a manner that will not cause interference to the Tenant Facilities, and the equipment of those who the Licensee controls and is responsible for at law, Landlord shall not interfere with any current or future uses or frequencies employed or to be employed by Tenant at the use and enjoyment Premises. Tenant shall operate its Tenant Facilities at each Site in a manner that will not cause interference to the lawful operation of communications equipment of tenants at each such Site which pre-date the installation of the Building by Tenant Facilities. For purposes of this Section 8 and Section 9 hereof, Tenant shall be deemed to be the Licensorinitial tenant operating at each Constructed New Site and Purchased New Site, 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 regardless of the interference. At expiry actual date of installation of the Tenant Facilities at each 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 Licensor; or Site. (b) Licensor Landlord shall not permit itself or its other lessees or licensees to install equipment on the Premises, or property contiguous thereto owned or controlled by Landlord, if such equipment will cause interference with Tenant's operations. Tenant shall not install equipment on Premises, or property contiguous thereto owned or controlled by Landlord, if such equipment will cause interference with the lawful communications operations of tenants at each such Site which pre-date the installation of the Tenant Facilities. Landlord shall and Licensee shall discuss commercially reasonable options require its other lessees or licensees to participate diligently and in good faith to resolve any interference that affects Tenant. Subject to Section 8(e), in the event interference occurs, Landlord shall immediately take all action necessary to eliminate such interference. (c) Landlord shall comply at all times with FCC and Federal Aviation Administration ("FAA") regulations, including registration of towers with the FCC where applicable. Landlord shall be liable to Tenant for any unauthorized use of the Premises. (d) Subject to Section 8(e), in the event Landlord fails to remedy interference caused by the operation of equipment owned by Landlord or other lessees or licensees within forty-eight (48) hours after receipt by Landlord of written notice from Tenant describing the existence of material interference, and in cases of non-material interference, within thirty (30) days of the date of the receipt of notice from Tenant of the existence of such non-material interference or Landlord otherwise fails to comply with this Section 8, Tenant may pursue all remedies available at law and in equity, including, without limitation, termination of this Lease but solely as it relates to the affected Site. (e) Tenant shall operate the Tenant Facilities in compliance with the Communications Act of 1934, as amended (the "Communications Act") and all requirements and regulations of the FCC and FAA and to the extent that the Tenant Facilities experience interference from the operation of equipment owned by Landlord or other licensees because the Tenant Facilities do not comply with the requirements and regulations of the FCC, FAA, or any other applicable laws, rules or regulations, Landlord shall have no obligation to remedy such interference. If such Tenant shall at no cost or expense to Tenant cooperate with Landlord's efforts to resolve any interference can be corrected by Licensee as determined by with the parties as a result operation of discussions provided for in 27.1(bthe Tenant Facilities. (f) Tenant agrees to install Tenant Facilities of types and is radio frequencies which will not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such cause interference to authorized communications operations being conducted from the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building systems Site by Landlord or any other occupants of the tenants or occupants and anyone Site which are 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 place as dictated by the nature of the interferenceCommencement Date. In the event the Licensor fails Tenant Facilities causes such interference, Tenant will take all steps necessary to correct and eliminate the interference. If such interference is material and cannot be eliminated within forty-eight (48) hours after using reasonable commercial efforts after receipt by Tenant of written noticenotice from Landlord describing the existence of material interference, the Licensor shall use its best efforts to correct and in other cases, if such interference forthwithis not material, within thirty (30) days of the date of the receipt of notice of the existence of the interference, Tenant shall temporarily disconnect the electric power and shut down the Tenant Facilities (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) until such interference is corrected. If such interference is not timely corrected after receipt of written notice as aforesaid, then Landlord may pursue all remedies available at law and in equity, including, without limitation, termination of this Lease, but solely as it relates to the best efforts of affected Site, and Tenant agrees to remove the Licensor, the resolution of Tenant Facilities from such interference shall be determined pursuant to Section 29.1Premises. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Master Site Lease Agreement (Spectrasite Holdings Inc)

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment of the Building by the 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 Tenant agrees to cure said install Equipment only of types and generating frequencies, which will not cause interference and communicated such action or intended course of action to the 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 parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereintransmissions, 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 signals from Landlord and other users of the tenants Project as may be already in place or occupants and anyone in may hereafter be placed on the Building for whom the Licensor controls and is responsible at law Project. Tenant shall not interfere change the frequency range outside of the 1850-1990 MHZ frequency range if it interferes 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 other users within the time frame as dictated by the nature of the interferenceProject. In the event that the Licensor fails Equipment causes such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receipt of written notice from Landlord to Tenant, Tenant shall disconnect electronic power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) until such interference after using reasonable commercial efforts after written noticeis corrected, the Licensor shall use its best efforts to correct such interference forthwith. If and if such interference is not corrected within 30 days after the best efforts receipt of the Licensorwritten notice, Tenant agrees to remove the resolution Equipment from the Project and this Rider shall terminate as if by expiration. (b) Tenant will not permit the Equipment to create discernible adverse affects on any other equipment located on or in the Building, or transmissions or reception of signals of such interference shall other equipment. Tenant and Landlord acknowledge the Equipment emits electromagnetic fields. The guidelines for human exposure to these electromagnetic fields are recommended in "American National Standard Safety Levels with respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 KHZ to 100 GHZ," (ANSI C95.1-1982) issued by the American National Standar▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ the Federal Communications Commission, as same may be determined pursuant undated or amended from time to Section 29.1time (the "ANSI Standards"). Tenant agrees to fully comply with the latest adopted edition of the ANSI Standards and any other standards or regulations which may be adopted from time to time by governmental agencies having jurisdiction over the use of the Equipment. 27.3 (c) Landlord shall have no liability for any interference to Tenant's operation of the Equipment caused by a third party. Landlord agrees to use reasonable efforts enforce upon any third party users of the Building roof the similar restrictions regarding interference as set forth in this Paragraph 4, provided that Landlord shall not be obligated to expend funds or institute a lawsuit against such third party user. (d) In the event interference is caused by a party to this License the party of any default hereunder which did not cause the interference shall be entitled to recover the cost of detection and rectification remains uncured after expiration of the interference from non-monetary default cure period set forth in the other partyLease, Landlord shall also have the right to terminate this Rider independent of or in connection with the Lease termination.

Appears in 1 contract

Sources: Office Lease (Mackenzie Investment Management Inc)

Interference. 27.1 The Licensee (a) Interference With a Pre-Existing Use. Notwithstanding anything to the contrary in this Agreement but subject to Section 15(f), ALLTEL's use of any Sites and its operation of all ALLTEL Equipment, Microwave Equipment and the equipment of those who the Licensee controls and is responsible for at lawAdditional ALLTEL Equipment, as applicable, thereon (including any subsequent modification or alteration thereto) shall be conducted in a manner that does not interfere electrically with the any then preexisting use and enjoyment of any Site by ATC or any Third Party Tenant of the Building Tower ("Pre-Existing Use"; it being understood that no use by ATC or any Third Party Tenant shall be considered a Pre-Existing Use unless, after commencement of such use by ATC or the LicensorThird Party Tenant, ALLTEL shall have installed or Building tenants modified the ALLTEL Equipment or occupantschanged frequencies with respect to the ALLTEL Equipment in question). If In the event that any Pre-Existing Use experiences interference caused by ALLTEL or ALLTEL Equipment, Microwave Equipment or Additional ALLTEL Equipment, as applicable, ATC shall notify ALLTEL in writing of such interference and ALLTEL shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts power down its equipment and/or cease operations in order to correct the same, forthwith and eliminate such interference within 72 hours after ALLTEL's receipt of such notice. If ALLTEL does not cease all interfering operation within such 72-hour period, ATC shall have the right to disconnect ALLTEL Equipment, Microwave Equipment or Additional ALLTEL Equipment, as applicable, until such time as ALLTEL can affect repairs to the interfering ALLTEL Equipment, Microwave Equipment or Additional ALLTEL Equipment, as applicable. ALLTEL may continue to operate its equipment intermittently during off-peak hours for testing purposes only during the 30-day period following the initial notice. If ALLTEL is not able to remedy its interference with a Pre- Existing Use within ninety (90) 30 days or after the time frame as technically dictated by initial notice, ALLTEL shall cease the nature operations of the interferenceobjectionable ALLTEL Equipment and stop providing services from the applicable Reserved Space, Microwave Reserved Space or Additional ALLTEL Space at the Site in its entirety (including the Tower and Site Improvements) until the interference problems are resolved. At expiry of such cure period, In no event shall ALLTEL be relieved from its obligation to pay the Licensee shall either have (a) cured Site Maintenance Charge or commenced to cure said interference Additional ALLTEL Maintenance Charges during any period that it can not and communicated such action or intended course of action to the Licensor; extent that it can not operate the ALLTEL Equipment, Microwave Equipment or Additional ALLTEL Equipment, as applicable, under this Section 15(a). Subsequent to a written request by ATC, in ATC's sole discretion and at ALLTEL's sole cost and expense, each ALLTEL transmitter shall have a circulator and harmonic filter installed between the transmitter output and antenna feedline, but only if such ALLTEL Equipment, Microwave Equipment or Additional ALLTEL Equipment, as applicable, is interfering with a Pre-Existing Use at the Site. Also, ATC may, at its option, require ALLTEL to supply, at ALLTEL's sole cost and expense, additional radio frequency interference (bRFI) Licensor and Licensee shall discuss commercially reasonable options to remedy limiting equipment for installation on the equipment of any user whose equipment is experiencing such interference. If such interference can be corrected by Licensee as determined by the parties 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 that ALLTEL is notified of any interference experienced by a Pre-Existing Use on the Licensor fails Site alleged to be caused by ALLTEL's operations thereon, ALLTEL shall cooperate with ATC and any Third Party Tenant to eliminate such interference. (b) Interference by a Subsequent Use. ALLTEL acknowledges and agrees that ATC intends to market to Third Party Tenants space on the same Tower and at the same Sites (including equipment structures and shelters) as are used hereunder by ALLTEL, provided that, subject to Section 15(f), (i) ATC agrees that ATC's and all Third Party Tenants' use of the Tower with respect to equipment that is installed or modified (including, without limitation, a modification of frequency) subsequent to ALLTEL's then-current operation of ALLTEL's Equipment thereon ("Subsequent Use") will not electrically interfere with ALLTEL's then-current operations, and (ii) ATC shall not and shall not permit Third Party Tenants to install or change, alter or improve the frequency, power, or type of Communications Equipment that electrically interferes with ALLTEL's then-current operations or is not authorized by, or violates, any applicable Laws (and ATC shall require any Third Party Tenant who subleases or licenses Available Space on any Tower or Site Improvement to covenant to comply with the foregoing). In the event that ALLTEL experiences interference caused by any Subsequent Use, ALLTEL shall notify ATC in writing of such interference and ATC shall, or shall cause the operator of the interfering Subsequent Use, to power down its equipment and/or cease operations in order to correct and eliminate such interference within 72 hours after using ATC's receipt of such notice. If such Third Party Tenant does not cease all interfering operation within such 72-hour period, ATC shall (subject to its rights and obligations under any Third Party Existing Lease) disconnect the Communications Equipment causing such interference until such time as such Third Party Tenant can affect repairs to the interfering Communications Equipment. If such Subsequent Use is unable to operate without causing such interference, or if such interference is not reduced to a level acceptable to ALLTEL, within a period of 30 Days (provided that during such 30-Day period the Subsequent Use may be operated intermittently during off-peak hours for testing purposes only), then ATC shall cause such Third Party Tenant (other than ALLTEL in respect of the Available Space) to cease the operations of the objectionable Communications Equipment until the interference problems are resolved. Except as otherwise provided in Section 15(f), ATC hereby acknowledges that its has an affirmative obligation to ALLTEL to cause any such interfering Subsequent Use to cease any interfering operations in accordance with this Section 15(b). Subsequent to a written request by ALLTEL (but only to the extent that ATC has the right to compel any Third Party Tenant to comply), in ALLTEL's sole discretion and at no cost or expense to ALLTEL, Third Party Tenant transmitters shall have a circulator and harmonic filter installed between the transmitter output and antenna feedline, but only if such equipment is interfering with ALLTEL Equipment, Microwave Equipment and/or Additional ALLTEL Equipment at the Site. In the event that ATC is notified of any interference experienced by ALLTEL alleged to be caused by a Subsequent Use on the Site, ATC shall be obligated to perform (or cause to be performed) whatever actions are commercially reasonable commercial efforts after written noticeand necessary, at no cost or expense to ALLTEL, to eliminate such interference. The Site Maintenance Charge and any Additional ALLTEL Maintenance Charge with respect to the affected Site shall be abated during any period that, but only to the extent that, ALLTEL is unable to conduct its operations from the Site due to an interference caused by a Subsequent Use in addition to any other rights and remedies available to ALLTEL under this Sublease or at Law. (c) Interference With Lighting and Building Systems. In no event shall ALLTEL's use of any Sites or operation of any of the ALLTEL Equipment, Microwave Equipment and Additional ALLTEL Equipment, as applicable, thereon be conducted in a manner that interferes with the lighting system located on any of the Towers or building systems. (d) Dispute as to Cause of Interference. Any dispute as to the cause of interference under this Section 15 that can not be resolved by the affected parties shall be submitted to a professional engineer mutually agreed to in good faith by the parties and such engineer's decision as to the cause of such interference shall be final and binding upon the parties. If such interference to a Pre-Existing Use is found to be caused by any installation of ALLTEL Equipment, Microwave Equipment and Additional ALLTEL Equipment, as applicable, or any subsequent modification or alteration thereto or by operation of such ALLTEL Equipment, Microwave Equipment and Additional ALLTEL Equipment, as applicable, by ALLTEL, the Licensor fees and charges of the engineer to whom the dispute is referred shall use its best efforts to correct such interference forthwithbe borne by ALLTEL. If such interference is found not corrected after to be caused by such installation of ALLTEL Equipment, Microwave Equipment and Additional ALLTEL Equipment, as applicable, or any subsequent modification, alteration or operations thereof, the best efforts fees and charges of the Licensorengineer to whom the dispute is referred shall be borne by the responsible party, or, if a Third Party Tenant fails to pay, ATC. Notwithstanding anything in this Section 15 to the resolution contrary, in the event any interference occurs in respect of a Site and the source of such interference is not determinable by the foregoing procedures, it shall be determined pursuant to assumed (solely for the purposes of determining whether ALLTEL or ATC is responsible for proceeding under this Section 29.1. 27.3 In 15) that a Third Party Tenant and not ALLTEL is the event interference is caused by a party to this License the party which did not cause the interference of such interference, ATC shall be entitled to recover responsible for the cost performance of detection its obligations under Section 15(b) in respect of such interference, and rectification ALLTEL shall be relieved of any obligations under 15(a) in respect of such interference, unless and until it is determined that ALLTEL is the interference from the other partycause of such interference.

Appears in 1 contract

Sources: Lease and Sublease (American Tower Corp /Ma/)

Interference. 27.1 The Licensee Equipment Lessee agrees to install (and the shall cause each Carriers to install) equipment of those who the Licensee controls a type and is responsible for at law, shall frequency which will not interfere cause frequency interference with the use and enjoyment other forms of radio frequency communications existing on Lessor’s property as of the Building by date of this Lease or as may be in existence in the Licensorfuture (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or Building tenants county) rules and regulations. In the event ▇▇▇▇▇▇’s or occupantsany Carrier’s equipment causes such interference, ▇▇▇▇▇▇ agrees it will take all 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. If such interference Lessee shall occurbe obligated, the Licensor and shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts cause each Carrier, to correct the same, forthwith after problem of interference within forty-eight (48) hours of receipt of written notice from Lessor. If the interference is not corrected within such noticeforty-eight (48) hour period, within ninety Lessor shall have the right, or shall have the right to cause Lessee, to disconnect or terminate power to any interfering equipment or turn such equipment off (90) days or the time frame as technically dictated by other than for short tests to determine the nature of the interference. At expiry , provided that Lessor reasonably approves of such cure periodtests in advance). Thereafter, the Licensee shall either have (a) cured or commenced such interfering Carrier may attempt to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy correct such interference, which may include reactivating the equipment or restoring power thereto, provided that Lessor reasonably approves of such reactivation or restoration in advance, for a period of one hundred and twenty (120) days. If such interference can cannot be corrected by Licensee as determined by cured within such one hundred and twenty (120) period, Lessor shall have the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinright, or if shall have the parties cannot agree on commercially reasonable actions right to correct such interference cause Lessee to, immediately remove the interfering equipment from the Monopole. Notwithstanding the forgoing, and to the satisfaction extent any Lessor approved test requires the facilitation or cooperation of both partiesLessor, 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 ▇▇▇▇▇▇ agrees, subject to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other partyprovisions hereof, to act reasonably with such facilitation or cooperation.

Appears in 1 contract

Sources: Telecommunications Marketing Master Agreement

Interference. 27.1 The Licensee 8.1 Tenant shall operate the Tenant Equipment in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of County or other lessees or licensees of the Site as provided herein. Tenant acknowledges and agrees that County may grant a lease, license or other right to a third party for use of the equipment of those who Tower. Such use by a third party may include constructing, maintaining, securing, and operating a communications facility, (a "Secondary Facility"). Tenant shall use good faith efforts to cause the Licensee controls and is responsible for at law, shall Tenant Equipment to not interfere with a Secondary Facility. In the use and enjoyment event that the Tenant Equipment interferes with a Secondary Facility, or a Secondary Facility interferes with the Tenant Equipment, Tenant shall reasonably cooperate with the owner of the Building by the Licensor, or Building tenants or occupants. If Secondary Facility to minimize such interference shall occurrunning in either direction. In the event that engineers for Tenant reasonably determine that no amount of reasonable cooperation will resolve an interference problem, the Licensor shall give owner of the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts Secondary Facility will be required 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 make whatever changes are necessary to eliminate the interference. At expiry Tenant shall cooperate fully with the owner of a Secondary Facility in its efforts to eliminate interference, so that such cure period, owner may eliminate the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the 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 parties at a lower cost as a result of discussions provided for such reasonable cooperation by Tenant. In the event interference between the Tenant Equipment and a Secondary Facility is eliminated and Tenant subsequently modifies its equipment in 27.1(b) and is not corrected forthwith by a way that interferes with such Secondary Facility, then Tenant shall use due diligence to eliminate 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 agreementinterference. 27.2 The Licensor's Building systems or any of 8.2 Tenant shall cause the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall Tenant Equipment to not interfere with any existing equipment used by existing tenants of the provision of Licensee ServicesSite, provided that such existing equipment is operating in compliance with laws. If In the event that an existing tenant or a new tenant brings new equipment onto the Site or modifies its equipment such that it interferes with the Tenant Equipment or it turns out that the Tenant Equipment interferes with the new equipment, Tenant shall reasonably cooperate with the other tenant to allow the other tenant to minimize such interference shall occur being caused by that tenant's modified or new equipment. In the Licensee shall give the Licensor written notice thereof and the Licensor event that Tenant modifies its Tenant Facilities in a way that interferes with another preexisting use of another tenant, then Tenant shall use commercially reasonable efforts due diligence to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of eliminate the interference. In the event that engineers for the Licensor fails to correct such Tenant and engineers for the other tenant reasonably determine that no amount of reasonable cooperation will resolve an interference after using reasonable commercial efforts after written noticeproblem, the Licensor party who made the change that precipitated the interference will need to make whatever changes are required to eliminate the interference. Tenant shall use its best efforts to correct such cooperate fully so that any other tenant who must eliminate interference forthwith. If such interference is not corrected after may do so at a lower cost as the best efforts of the Licensor, the resolution result of such interference shall be determined pursuant to Section 29.1reasonable cooperation by Tenant. 27.3 8.3 Tenant shall cause its equipment to not interfere with any existing equipment used by County at the Site. In the event interference is caused that any Tenant Equipment interferes with equipment used by a party County, Tenant shall use due diligence to this License eliminate the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other partyinterference.

Appears in 1 contract

Sources: Communication Site Lease

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, Lessee shall obtain a radio frequency interference study carried out by an independent professional radio frequency engineer showing that Lessee’s intended use will not interfere with any current communication facilities which are located on or near a Wireless Support Structure. Lessee shall not transmit or receive radio waves at the use Premises until such evaluation has been satisfactorily completed and enjoyment approved by lessor. Lessee agrees to install equipment of the Building type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of Lessor or other tenants of the Property which existed on the Property prior to the date the applicable Supplement is executed by the 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 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 parties 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 interferenceParties. In the event the Licensor fails any after-installed Lessee’s equipment causes such interference, and after Lessor has notified Lessee of such interference, Lessee will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at Lessee’s option, powering down such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct interfering equipment and later powering up such interference forthwithinterfering equipment for intermittent testing. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference continues for a period in excess of 48 hours following such notification, Lessor shall have the right to require Lessee to reduce power, and/or cease operations until such time Lessee can make repairs to the interfering equipment. In no event will Lessor be entitled to recover terminate a Supplement or relocate the cost of detection and rectification Equipment as long as Lessee is making a good faith effort to remedy the interference issue. Lessor agrees that Lessor and/or any other 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 Lessee. If Lessee determines, in its reasonable discretion, that Lessor’s equipment or any other user’s equipment permitted by Lessor is causing interference, Lessor shall, upon written communication from Lessee to Lessor take all reasonable steps necessary to correct and eliminate the interference, including causing other users causing such interference to correct and eliminate the interference. If the interference continues for a period in excess of 48 hours following the notification, Lessor shall, or shall require any other user to, reduce power and/or cease operations until such time as Lessor, or the other partyuser, can make repairs to the interfering equipment. 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 1 contract

Sources: Small Wireless Facility Collocation Agreement

Interference. 27.1 The Licensee Equipment Lessee shall, at its cost and the equipment of those who the Licensee controls and is responsible for at lawexpense, shall obtain a radio frequency interference study carried out by an independent professional radio frequency engineer showing that Lessee’s intended use will not interfere with any current communication facilities, which are located on or near a Wireless Support Structure. Lessee shall not transmit or receive radio waves at the use Premises until such evaluation has been satisfactorily completed and enjoyment approved by City. Lessee agrees to install equipment of the Building type and frequency that will not cause harmful interference, which is measurable in accordance with then existing industry standards to any equipment of City or other tenants of the Property, and which existed on the Property prior to the date the applicable Supplement(s) is executed by the 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 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 parties 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 interferenceParties. In the event the Licensor fails any after-installed Lessee’s equipment causes such interference, and after City has notified Lessee of such interference, Lessee, at its cost and expense, will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at Lessee’s option, powering down such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct interfering equipment and later powering up such interference forthwithinterfering equipment for intermittent testing. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference continues for a period in excess of 48 hours following such notification, City shall have the right to require Lessee to reduce power, and/or cease operations until such time Lessee can make repairs to the interfering equipment. In no event will City be entitled to recover terminate a Supplement or relocate the cost of detection and rectification equipment as long as Lessee is making a good faith effort to remedy the interference issue. City agrees that City and/or any other 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 that will not cause harmful interference and that is measurable in accordance with then existing industry standards to the then existing equipment of Lessee. If Lessee determines, in its reasonable discretion, that City’s equipment or any other user’s equipment permitted by City is causing interference, City shall, upon written communication from Lessee to City take all reasonable steps necessary to correct and eliminate the interference, including causing other users causing such interference to correct and eliminate the interference. If the interference continues for a period in excess of 48 hours following the notification, City shall, or shall require any other user to, reduce power and/or cease operations until such time as City, or the other partyuser, can make repairs to the interfering equipment. 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 1 contract

Sources: Small Wireless Facility Collocation Agreement

Interference. 27.1 The Licensee Equipment and (a) Interference by the equipment of those who Facilities. If the Licensee controls and is responsible for at lawFacilities, shall not interfere with the use and enjoyment in whole or part, causes measurable radio frequency interference to Lessor or other lessees or users of the Building by Site operating as of the LicensorSA Commencement Date, 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 Lessee will begin taking reasonable efforts steps to correct and eliminate the same, forthwith interference as soon as practicable and no later than within 48 hours after receipt of such written notice from Lessor. If the interference by Lessee cannot be eliminated within a reasonable length of time, not to exceed 5 days after Lessee’s receipt of Lessor’s notice, within ninety (90) days Lessee will cease operating the Facilities or that portion causing the time frame as technically dictated by interference; provided, however, Lessee may conduct brief tests to identify the nature cause of and to eliminate the interference. At expiry If the interference is not completely corrected and eliminated within 30 days after Lessee’s receipt of Lessor’s notice, Lessor may terminate the applicable SA by giving Lessee advance written notice, without any further obligation accruing to Lessee after such cure periodtermination, except those obligations which are stated elsewhere as surviving any termination or expiration. Nothing in this Section or Agreement shall prejudice, diminish, limit or impair Lessee’s rights under applicable law, including, but not limited to, statutes, rules, regulations, ordinances, codes, directives, and orders, as well as FCC rules and regulations, to redress any interference independently of the Licensee shall either have terms of this Section or any provision of this Agreement. (ab) cured Interference with the Facilities. If the operations or commenced to cure said interference and communicated such action equipment of other lessees or intended course users of action to a Site who: (i) commence operations after the Licensorapplicable SA Commencement Date; or (bii) Licensor commenced operations before the applicable SA Commencement Date but modify their equipment or install new equipment after the SA Commencement Date, cause measurable radio frequency interference with the Facilities, Lessor will begin or cause the other lessee or user to begin to take all steps to correct and Licensee shall discuss commercially eliminate the interference as soon as practicable and no later than within 48 hours following receipt of written notice from Lessee. If the interference by the other lessee or user cannot be eliminated within a reasonable options length of time, not to remedy such exceed 5 days after receipt of Lessee’s notice, Lessor will cause the other lessee or user to cease operating its equipment or that portion causing the interference; provided, however, the other lessee or user may conduct brief tests to identify the cause of and to eliminate the interference. If such the interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not completely 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 eliminated within 30 days after receipt of such notice within Lessee’s notice, Lessee may terminate the time frame applicable SA without further liability, except those obligations which are stated elsewhere as dictated surviving any termination or expiration, by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after giving Lessor advance written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts Lessor agrees that all agreements it enters into with other lessees or users of the Licensor, the resolution of such interference shall be determined pursuant to a Site will include provisions consistent with this Section 29.115. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Master Site Agreement

Interference. 27.1 The Licensee Equipment A. Lessee agrees to install Lessee’s Small Wireless Facility in compliance with all FCC rules and regulations, and good engineering practices and according to the equipment of those who the Licensee controls applicable plans and is responsible for at law, specifications approved by Lessor which approval shall not interfere with the be unreasonably withheld or delayed. Lessee further agrees that Lessee’s use and enjoyment of the Building by the 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 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 parties as a result of discussions provided for in 27.1(b) and is Lessee’s Small Wireless Facility will not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such cause radio frequency interference to communication facilities located on or near the satisfaction of both partiesWireless Support Structure, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building provided such systems or any of the tenants or occupants are lawfully installed 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 interferenceproperly operated. In the event of interference caused by Lessee’s Small Wireless Facility, Lessee shall, within twenty-four (24) hours after Lessee’s receipt of notice of such interference from Lessor, as provided in this Section, eliminate the Licensor interference or cease using Lessee’s interfering equipment, except for short tests necessary for the elimination of the interference, until the interference is cured to the reasonable satisfaction of Lessor. If Lessee, in the event of interference, fails to correct the interference within twenty-four (24) hours or ceases using the interfering equipment within said time, except for testing purposes, or demonstrate that Lessee’s equipment is not the cause of the interference, Lessor shall have the right to immediately seek injunctive relief from the applicable court requiring Lessee to cease the use of its Small Wireless Facility until such time as Lessee can show that Lessee’s Small Wireless Facility does not interfere with other communication facilities located on or near the Wireless Support Structure. It is further agreed that Lessor does not guarantee to Lessee non-interference after using reasonable commercial efforts after written notice, to the Licensor shall operation of Lessee’s Small Wireless Facility by other current users of Lessor on the Property. Lessor will use its best efforts to correct notify other users of the Property of the interference, and to coordinate elimination of interference among the Lessee and other users of the Property, provided, however, that Lessor will not, nor will Lessor permit its employees, tenants, licensees, invitees, agents, or independent contractors to, interfere in any way with the Lessee’s Small Wireless Facility, the operations of Lessee or the rights of Lessee under this Agreement. The parties agree that such reasonable evidence of interference forthwiththat is likely caused by Lessee’s use or operation of Lessee’s Small Wireless Facility warrants an emergency response and the notice provisions of this Agreement shall not apply. If such Rather, Lessor shall provide Lessee reasonable evidence that the interference is not corrected after likely caused by Lessee’s use or operation of Lessee’s Small Wireless Facility verbally by telephone at (___) ___-____ or such other number that Lessee has properly notified Lessor of. Upon Lessor providing Lessee notice of reasonable evidence that any interference is likely caused by Lessee’s use or operation of Lessee’s Small Wireless Facility, Lessee shall send a qualified technician or representative to the best efforts Premises within twenty-four (24) hours from the time that the notice of the Licensorreasonable evidence is provided by Lessor. The required twenty-four (24) hour emergency response time under these circumstances is applicable twenty-four (24) hours a day, the resolution of such interference seven (7) days a week. The qualified technician or representative shall be determined pursuant capable of assessing the situation and determining the necessary response, including any repairs, alterations or modifications to Section 29.1Lessee’s Small Wireless Facility. 27.3 B. Prior to adding and/or modifying Lessee’s Small Wireless Facility frequencies or any frequencies on a Wireless Support Structure on the Premises, as permitted under this Agreement, Lessee agrees to notify Lessor of any such additional or modified frequencies so that Lessor can perform the necessary interference studies to ensure that the additional or modified frequencies will not cause harmful radio interference to Lessor’s communication systems or other users and/or occupants on the Property. Lessee will be required to pay the reasonable costs for said study which will be performed by a professional communications engineer selected by Lessor. In the event interference is caused by a party to this License the party which did not cause alternative, with Lessor’s consent, Lessee may perform the interference studies and submit the results to the Lessor. However, Lessor, in its sole discretion, shall be entitled retain the right to recover submit the cost of detection and rectification of the interference from the other partystudy results to its professional communications engineer for review at Lessee’s expense.

Appears in 1 contract

Sources: Small Wireless Facility Collocation Agreement

Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, Tenant shall not interfere use the Roof Area or the Dish in any way that interferes with the use and enjoyment of the Building by the LicensorProperty by: (i) Landlord, or Building (ii) 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 licensees of such notice, within ninety (90) days Landlord leasing 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 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 parties 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 licensing space in the Building primarily for whom the Licensor controls same or similar use as a majority of the other tenants or licensees in the Building and which is responsible consistent with the purpose for which the Building is operated ("Existing Tenants") who commenced occupancy at law 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 as a communications transmitting or receiving site. The operation of the Dish shall not interfere with the provision maintenance or operation of Licensee Servicesthe Building, including but not limited to 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 the Building prior to the Effective Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any such 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 to continue to cease all operations until the interference has been corrected to the reasonable satisfaction of the Landlord. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall occur the Licensee be lawful and in compliance with all FCC rules and regulations. Tenant shall give the Licensor written notice thereof be responsible for all costs associated with any tests deemed necessary to resolve any and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated all interference which Landlord determines or reasonably believes is being caused by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall Dish or Tenant's use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1thereof. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Office Lease (One)

Interference. 27.1 6.4.1 The Port shall provide to Licensee Equipment a detailed listing of all use of any radio frequency band on or about the Airport of which the Port has knowledge. The listing shall include, to the extent known, the specific frequencies utilized, the user and the equipment purpose of those who the use. The listing may also include potential uses identified, but unverified, by the Port. The parties acknowledge that this listing will not encompass all use of radio frequency bands on or about the Airport. Moreover, the absence of specific knowledge by the Port of any particular radio frequency use is not necessarily indicative of either the absence of authority for the particular use or the relative unimportance of such use. Notwithstanding the foregoing, Licensee controls and is shall be responsible for at lawperforming a thorough and complete RF survey, intermodulation analysis and RF interference report, all of which shall be submitted to the Port for review and approval. 6.4.2 Licensee agrees that its construction and operation of the WCAS shall not interfere with any existing radio frequency uses (and users) at the use Airport (an “Existing RF Use”) so long as those existing radio frequency uses: (a) are by the Port, by a governmental authority or are authorized by the Port pursuant to a written agreement, (b) continue to operate as they are currently operating, and enjoyment (c) otherwise comply with all applicable laws and regulations. If the Port learns that the WCAS interferes with or otherwise disturbs such an existing radio frequency use, the Port shall provide Licensee with written notice of such interference, and Licensee shall take immediate action to begin correcting the same and shall diligently pursue such correction until the interference or disruption is corrected. If Licensee does not correct the same promptly (and in any event, within sixty (60) days after receipt of the Building Port’s notice), that failure shall constitute an Event of Default under Section 19.1.3. 6.4.3 Except to the extent required by the LicensorFederal Aviation Administration, the Transportation Security Administration or Building tenants any other governmental authority having jurisdiction over operations at the Airport, the Port will not grant any lease, license or occupantsother permit to any third party for use of any radio frequency band that will interfere with Licensee’s use of the WCAS as permitted under this Agreement. If the Port or any third party (through actions occurring either on the Airport or off the Airport in support of operations on the Airport) makes use, other than an Existing RF Use, of any radio frequency band and such use interferes with or otherwise disturbs Licensee’s use of the WCAS, then Licensee shall so notify the Port. Such notice shall identify the source or sources of 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 a recommendation for preventing or mitigating such interference. Upon receipt of such notice, the Port shall take reasonable and appropriate action to resolve such interference. In addition, Licensee may seek to enforce the spectrum license rights granted to Licensee by the Federal Communications Commission (“FCC”) through action at the FCC. In the event that neither the Port nor the FCC is able to reasonably resolve any interference within ninety (90) days or of receipt of Licensee’s notice, Licensee shall have the time frame as technically dictated by right to terminate this License upon thirty (30) days’ written notice to the nature of Port. In the interference. At expiry event of such cure periodtermination, the Port shall pay to licensee the Net Book Value of WCAS. The Port shall not, however, be liable to Licensee shall either have for any other expenses or damages (aincluding, but not limited to, loss of profit) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and that Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties may suffer as a result of discussions provided for such interference and premature termination of this Agreement. 6.4.4 Notwithstanding the foregoing, in 27.1(b) and is not corrected forthwith by the event of any interference that the Port determines, in its sole discretion, to negatively affect core operations at the Airport, the Port may direct Licensee as provided hereinto immediately cease all operations, or if such portion of its operations as are determined to be 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 source of the interference. In the event the Licensor fails to correct , until such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference or disruption is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to as set forth in this Section 29.16.4. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: License Agreement

Interference. 27.1 The Licensee Equipment Lessee agrees to install (and the shall cause each Carriers to install) equipment of those who the Licensee controls a type and is responsible for at law, shall frequency which will not interfere cause frequency interference with the use and enjoyment other forms of radio frequency communications existing on Lessor’s property as of the Building by date of this Lease or as may be in existence in the Licensorfuture (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or Building tenants county) rules and regulations. In the event Lessee’s or occupantsany Carrier’s equipment causes such interference, Lessee agrees it will take all 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. If such interference Lessee shall occurbe obligated, the Licensor and shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts cause each Carrier, to correct the same, forthwith after problem of interference within forty-eight (48) hours of receipt of written notice from Lessor. If the interference is not corrected within such noticeforty-eight (48) hour period, within ninety Lessor shall have the right, or shall have the right to cause Lessee, to disconnect or terminate power to any interfering equipment or turn such equipment off (90) days or the time frame as technically dictated by other than for short tests to determine the nature of the interference. At expiry , provided that Lessor reasonably approves of such cure periodtests in advance). Thereafter, the Licensee shall either have (a) cured or commenced such interfering Carrier may attempt to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy correct such interference, which may include reactivating the equipment or restoring power thereto, provided that Lessor reasonably approves of such reactivation or restoration in advance, for a period of one hundred and twenty (120) days. If such interference can cannot be corrected by Licensee as determined by cured within such one hundred and twenty (120) day period, Lessor shall have the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinright, or if shall have the parties cannot agree on commercially reasonable actions right to correct such interference cause Lessee to, immediately remove the interfering equipment from the Monopole. Notwithstanding the forgoing, and to the satisfaction extent any Lessor approved test requires the facilitation or cooperation of both partiesLessor, 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 Lessor agrees, subject to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other partyprovisions hereof, to act reasonably with such facilitation or cooperation.

Appears in 1 contract

Sources: Lease Agreement

Interference. 27.1 The Licensee In the event the Premises need repainting or other maintenance which requires the temporary removal (not to exceed 60 days) of Lessee’s antennas, then ▇▇▇▇▇▇ agrees to relocate its antennas at its expense upon one hundred twenty (120) days’ notice from Town; provided, however, that during such temporary relocation of Lessee’s antennas, Town shall provide other ground space on the Premises for Lessee to place a Cell on Wheels (COW) or other support structure for the installation of Lessee’s antennas during such temporary relocation. ▇▇▇▇▇▇’s obligations to pay rent hereunder shall ▇▇▇▇▇ during such temporary relocation and until ▇▇▇▇▇▇’s antennas are reinstalled on the original Premises. a. Lessee shall comply with all federal, state, and local regulations governing the installation and operation of its Equipment and the shall install and operate its Equipment in a manner which does not cause material interference to pre-existing equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment Town or other pre-existing tenants of the Building by Property. Lessee shall perform, at ▇▇▇▇▇▇’s sole cost and expense, an intermodulation study of Lessee’s transmission of signals at the Licensor, or Building tenants or occupants. If such interference shall occurPremises, the Licensor results of which shall give the Licensee fifteen be given to Town (15i) 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 prior to the Licensor; or installation of Lessee’s Equipment and (bii) Licensor and Licensee shall discuss commercially reasonable options subsequent to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinsaid installation, 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 event that Lessee changes the Licensor controls frequency at which it operates its Equipment or adds equipment on the Water Tower. Lessee and is responsible at law shall not interfere with Town will consult on the provision location 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 any future additions to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference▇▇▇▇▇▇’s Equipment. In the event that Lessee causes material interference to any pre-existing equipment or ▇▇▇▇▇▇’s changes in frequency or additional equipment cause material interference to then existing equipment of Town or other tenants of the Licensor fails Property, Lessee agrees to correct take all action necessary to eliminate such interference (including, without limitation, reducing the power sufficiently to cease the interference , except for intermittent testing, which testing, shall be coordinated with Town) within seventy two (72) hours of written notice of the same. Should the interference described in this Section 4(a) continue for more than seventy-two (72) hours after using notice thereof, Town shall have the right to demand that Lessee turn off power to the interfering equipment until such time as the interference is eliminated. b. As of the date of execution of the Lease, Town will use best efforts (which duty shall be met by providing Lessee with details pertaining to installation of equipment by any Future Tenants and affording Lessee reasonable commercial efforts after written noticetime to respond to same and taking any actions necessary to ensure that any issues raised in Lessee’s response are addressed/resolved prior to Future Tenant’s installation) to see that the Town, existing tenants and/or other tenants of the Property who in the future take possession of the Town’s Property and/or add new equipment thereto (collectively, “Future Tenants”) will be permitted to install only such equipment on the Property that is of the type and frequency which will not cause material interference to ▇▇▇▇▇▇’s pre-existing Equipment and Town agrees to include and enforce a provision substantially similar to Section 4(a) (including expressly and without limitation Town’s right to turn off power to interfering equipment if interference is not eliminated within seventy two (72) hour cure period) in all future agreements for use of the Property. Town shall require Future Tenant(s) to (i) perform an intermodulation study and (ii) provide the results of such study to Lessee for ▇▇▇▇▇▇’s review no less than thirty (30) days prior to the projected installation date of any equipment by Future Tenant. Lessee shall have thirty (30) days from its receipt of such study to review the same and notify Town of any likely interference, Town shall immediately notify the Future Tenant of the same, and Lessee, the Licensor Town and the Future Tenant shall thereafter consult on the location and operation of any such Future Tenant’s equipment. Town shall not permit any Future Tenant to install equipment, unless Future Tenant has performed an intermodulation study, provided Lessee with the results and ▇▇▇▇▇▇ has either confirmed that the proposed installation will not cause interference to ▇▇▇▇▇▇’s pre-existing Equipment or has failed to respond to Town within thirty (30) days after ▇▇▇▇▇▇’s receipt of the results of the intermodulation study. Should the interference described in this Section4(b) occur, the Town agrees to use its best efforts to correct cause the interfering party to cease operation of the interfering equipment, except for intermittent testing coordinated with Lessee) within seventy two (72) hours after written notice from ▇▇▇▇▇▇. Should such interference forthwith. If continue for more than seventy two (72) hours despite ▇▇▇▇’s attempts to eliminate the interference, the Town agrees to turn off power to the interfering equipment (except for intermittent testing coordinated with ▇▇▇▇▇▇) until such time as the interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1cured. 27.3 c. In the event that, despite Town’s compliance with the provisions of Section 4(b), there is continuing interference is caused to Lessee by a party Future Tenant(s) on the Property, the parties agree that, Lessee may terminate this Lease immediately upon notice to this License the party which did not cause the interference shall be entitled Town without further liability to recover the cost Town and without further liability of detection and rectification of the interference from the other partyTown to Lessee.

Appears in 1 contract

Sources: Lease Agreement

Interference. 27.1 The Licensee (a) Lessor or its designated representative shall have the sole right during the term of this Agreement, upon prior written notice to Lessee, to require Lessee to take whatever action is reasonably necessary to eliminate, to Lessor’s satisfaction, any objectionable interference by ▇▇▇▇▇▇'s Equipment and the with equipment of those who any other user, lessee or licensee on the Licensee controls Towers. It shall be Lessee's responsibility to operate ▇▇▇▇▇▇'s Equipment in a manner that will not cause interference to Lessor or any of the other existing users of the 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 responsible for at lawsubject 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, shall not interfere Lessor will coordinate with Lessee the use and enjoyment 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 Building by the LicensorPart 15 frequencies. Regulation, interference, or Building tenants or occupantsan order to discontinue service will cause the Site to be unusable by ▇▇▇▇▇▇. If such interference shall occur, the Licensor shall give the Licensee fifteen Lessee may cancel this Agreement with sixty (1560) days written notice thereof to Lessor that the Site has become unusable for Lessee’s operation. Lessee reserves the right to replace Equipment and make changes to the Licensee Wireless System as required by its FCC License. Lessee shall use commercially obtain the required FCC Licenses before any licensed Equipment is put into service. (c) Lessee shall take all reasonable efforts measures and precautions to correct prevent interference to other systems on the sameSite. ▇▇▇▇▇▇ agrees to respond to complaints of interference reasonably suspected of being produced by its System, forthwith after within twenty- four (24) hours of receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interferencecomplaint. At expiry of such cure period, the Licensee shall either have (a) cured or commenced ▇▇▇▇▇▇ agrees to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to promptly remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinand, or if the parties cannot agree on commercially reasonable actions necessary, 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If cease operations until such interference is not corrected after cured. ▇▇▇▇▇▇ agrees to permit Lessor or an engineer of ▇▇▇▇▇▇'s choosing to inspect Lessee's Wireless System and Equipment to ascertain the best efforts nature and extent of the Licensorcomplained interference. ▇▇▇▇▇▇ agrees not to place or cause to be placed, other communications equipment that would substantially interfere with ▇▇▇▇▇▇'s ability to receive and transmit its signals. Notwithstanding the resolution of such interference foregoing, this Agreement between Lessor and Lessee shall be determined pursuant not prohibit Lessor from leasing space to Section 29.1other lessees for telecommunications uses. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.

Appears in 1 contract

Sources: Tower Lease Agreement

Interference. 27.1 The Licensee Equipment a. Lessee agrees to install (and cause the Carriers to install) equipment of those who the Licensee controls a type and is responsible for at law, shall frequency which will not interfere cause frequency interference with the use and enjoyment other forms of radio frequency communications existing on Lessor’s property as of the Building by date of this Lease (so long as reasonably prevalent). b. In the Licensorevent Lessee’s equipment causes such interference, 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 Lessee agrees it will take all steps necessary to correct and eliminate the same, forthwith after interference consistent with appropriate government rules and regulations upon receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature written notification of the interference. At expiry of such cure period, the Licensee Lessee shall either have (a) cured or commenced be obligated to cure said interference and communicated such action or intended course of action respond to the Licensor; or problem of interference arising from Lessee’s equipment within the Base Station within two (b2) Licensor business days of receipt of written notice from Lessor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties 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 the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts within five (5) business days of the Licensorreceipt 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), the resolution of such Carrier’s equipment causing such interference shall be determined pursuant to Section 29.1disconnected, turned off or removed from the Leased Premises. 27.3 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 consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. 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 from Lessee. 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), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected, turned off or removed from the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by a party to the unlicensed spectrum being used by Lessor at the time of execution of this License the party which did not cause the interference Lease, Lessor shall be entitled under no obligation to recover replace the cost of detection and rectification of unlicensed spectrum with a licensed spectrum to correct the interference from the other partyinterference.

Appears in 1 contract

Sources: Lease Agreement