Interference. LICENSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
Appears in 3 contracts
Sources: Master Right of Way License Agreement, Master Right of Way License Agreement, Master Right of Way License Agreement
Interference. LICENSEE agrees to install 27.1 The Licensee Equipment and the equipment of those who the type Licensee controls and frequency which will is responsible for at law, shall not cause harmful interference which is measurable in accordance interfere with then-existing industry standards to any equipment of CITY or other permitted users the use and enjoyment of the Property which existed on Building by the Property prior Licensor, or Building tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the date this Agreement is executed Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the Partiesparties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event any after-installed Communications Facility causes the Licensor fails to correct such interferenceinterference after using reasonable commercial efforts after written notice, and the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after CITY has notified LICENSEE in writing the best efforts of the Licensor, the resolution of such interference, LICENSEE will take all commercially reasonable steps necessary interference shall be determined pursuant to correct and eliminate Section 29.1.
27.3 In the interference, including but event interference is caused by a party to this License the party which did not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY cause the interference shall be entitled to terminate a Permit or relocate recover the equipment as long as LICENSEE is making a good faith effort to remedy cost of detection and rectification of the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down from the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceparty.
Appears in 3 contracts
Sources: Telecommunication and Building Access License, Telecommunications, Telecommunications
Interference. LICENSEE agrees Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to install not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) television or radio equipment in or about the Project; (b) transmitting, receiving or master television, telecommunications or microwave antennae equipment currently or hereafter located in any portion of the type and frequency which will Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any current licensee or tenant of Landlord (and, to the extent commercially reasonable, any future licensee or tenant of Landlord, but only provided that the same does not cause harmful interference which is measurable in accordance impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with then-existing industry standards Landlord to any equipment of CITY or other permitted users identify the source of the Property interference and shall, within twenty-four (24) hours, if requested by Landlord, cease all operations of the Equipment (except for intermittent testing as approved by Landlord, which existed on approval shall not be unreasonably withheld) until the Property interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the date this Agreement expiration of such twenty-four (24) hour period that the interference is executed not caused by the PartiesEquipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. In Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph. If any such interference caused by Tenant has not been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the event any after-installed Communications Facility causes specific Equipment causing such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and or (ii) eliminate the interference, including but not limited to, interference at LICENSEETenant’s option, powering down such equipment and later powering up such equipment for intermittent testingexpense. In no event will CITY be entitled to terminate a Permit or relocate If the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful party causes interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and thereforeEquipment, either Party Tenant shall have the right reasonably cooperate with such other party to equitable remedies, resolve such as, without limitation, injunctive relief and specific performanceinterference in a mutually acceptable manner.
Appears in 3 contracts
Sources: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)
Interference. LICENSEE a. Lessee agrees to install (and shall cause each Carriers to install) equipment of the a type and frequency which will not cause harmful frequency interference which is measurable in accordance with then-other forms of radio frequency communications existing industry standards to any equipment of CITY or other permitted users on Lessor’s property as of the Property which existed on date of this Lease or as may be in existence in the Property prior to the date this Agreement is executed by the Partiesfuture (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations.
b. In the event Lessee’s or any after-installed Communications Facility Carrier’s equipment causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE Lessee agrees it will take all commercially reasonable steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. Lessee shall be obligated, and shall cause each Carrier, to correct the problem of interference within two (2) business days of receipt of written notice from Lessor. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or Carrier’s equipment causing such interference shall be disconnected and turned off or immediately removed from the Leased Premises.
c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment interference consistent with appropriate government rules and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy regulations upon receipt of written notification of the interference issuefrom either party. CITY shall, with reasonable Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where from Lessee. If the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty not corrected within five (305) business days of any planned receipt of notification (or routine maintenance such time as may reasonably be required with exercise of traffic control devices located where LICENSEE has installed its facilitiesdue diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. CITY agrees Lessee and Lessor understand and agree that any other permitted users of the Property who currently have or in the future take possession event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions execution of this Paragraph and thereforeLease, either Party the Lessor shall have be under no obligation to replace the right unlicensed spectrum with a licensed spectrum to equitable remedies, such as, without limitation, injunctive relief and specific performancecorrect the interference.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Interference. LICENSEE agrees Licensee will contractually obligate its Sub-licensees to install equipment of the type use and frequency which operate their Wireless Facilities in a manner that will not cause harmful interference (including, but not limited to, blocking of access to the Property, radio frequency (RF) interference, mechanical interference or any interference with underground utilities) in NGrid’s and other users’ use of the Property, provided that such other users’ installation predates the installation of such Wireless Facilities. NGrid agrees to supply Licensee with a list of NGrid licensees on any Structure, which is measurable in accordance to be the subject of a Supplemental Agreement, together with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property prior to the date this Agreement is executed by the Partiesrespective transmission frequencies thereof. In the event any aftersuch interference occurs, Licensee will cause its Sub- licensees to (i) remedy such interference within thirty-installed Communications Facility causes six (36) hours after receipt of written notice from NGrid, conditioned on NGrid’s ability to support corrective actions, if required, or (ii) cease operation of its Wireless Facilities until such interference can be eliminated with NGrid’s support, if required, and if such interference is not eliminated within said thirty-six (36) hour period, NGrid will have the right, in addition to any other rights that it may have at law or in equity, to take all necessary and reasonable steps, at Licensee’s sole cost and expense, to eliminate such interference (after giving reasonable prior notice to Licensee of its intent to do so), and should it be unable to so eliminate such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party NGrid shall have the right to equitable remediesterminate the Supplemental Agreement related to the Wireless Facilities causing such interference by giving at least ten (10) days notice to Licensee, in which case any and all future obligations NGrid may have hereunder (except for the indemnities and hold harmless provisions contained elsewhere in this Agreement) will cease with respect to such as, without limitation, injunctive relief and specific performanceterminated Supplemental Agreement.
Appears in 2 contracts
Sources: Wireless Facilities Right of Occupancy Agreement, Right of Occupancy Agreement
Interference. LICENSEE a. LICENSEE, in the performance and exercise of its rights and obligations under this Agreement and any Supplement, agrees to install equipment Equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to standards, or otherwise interfere in any manner with the equipment of CITY any higher priority users (as set forth in Paragraph III.d) including, but not limited to, the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities, cable television, location monitoring services, public safety and other then-existing telecommunications equipment, utility, or any municipal property, without the express written approval of the LICENSOR or other higher priority users, or except as otherwise permitted users of the Property which existed on the Property prior with regard to the date LICENSOR's Properties pursuant to this Agreement is executed by the PartiesAgreement. In the event any after-installed Communications Facility LICENSEE Equipment causes such interference, and after CITY LICENSOR has notified LICENSEE in writing of such interferenceinterference by a written communication and a call to LICENSEE's NOC (at (800) 264- 6620), LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interferenceinterference including, including but not limited to, at LICENSEE’s 's option, powering down such the interfering equipment and later powering up such the interfering equipment for intermittent testing. In no event will CITY be entitled The LICENSEE agrees to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, cooperate with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted subsequent users of the Property Premises to resolve issues affecting interference with signals.
b. The LICENSOR agrees that after the LICENSEE has attached Equipment to a specific Site, other tenants, licensees, or Light Pole users who currently have or in the future take possession of space at the Property Site, with the exception of any higher priority users, will not be permitted to install only such new or additional equipment that is of the type and frequency which will not would cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing Equipment of LICENSEE or otherwise interfere with the existence and operation of equipment of higher priority users. More specifically, the LICENSOR will attempt to require each subsequent user to provide the LICENSOR with either of the following:
(a) a radio frequency interference study carried out by an independent professional radio frequency engineer ("Independent RF Engineer") approved by the LICENSOR showing that such subsequent user's proposed use will not interfere with any existing, licensed communications facilities, LICENSOR's licensed and unlicensed communications facilities, or other higher priority users, if any; or (b) a certificate of compliance from a professional radio frequency engineer employed by or chosen by the subsequent user verifying that the installation by the subsequent user, along with LICENSEE's Equipment, will result in signals that are in compliance with then-existing RF emission requirements of the FCC and that such user's equipment will not cause interference with LICENSOR's, LICENSEE's or any other third party's existing use of the Light Pole on the Site or Property.
c. LICENSOR's obligations with respect to interference by third parties is limited to requiring compliance with the above criteria. The LICENSOR does not warrant that LICENSEE will be free from interference caused by third parties. However, in the event the LICENSEE claims interference by a subsequent user or a prior user claims interference by LICENSEE, the LICENSOR may attempt to facilitate discussions between the parties. Otherwise, LICENSEE and other users must hire their own professional radio frequency engineers or engage in dispute resolution against the other (including court action, as necessary).
d. Where agreed by LICENSEE and any other user(s), determinations as to the occurrence of harmful interference may be made by an Independent RF Engineer (as defined in Paragraph XV.b), which agreement would also address the party responsible for the costs of the Independent RF Engineer's analysis. If additional dispute resolution is necessary, LICENSOR shall encourage the affected parties to resolve the dispute as quickly and efficiently as possible, at no cost to the LICENSOR.
e. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph Article, and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
Appears in 2 contracts
Interference. LICENSEE a. Lessee agrees to install (and cause the Carriers to install) equipment of the a type and frequency which will not cause harmful frequency interference which is measurable in accordance with then-other forms of radio frequency communications existing industry standards to any equipment of CITY or other permitted users on Lessor’s property as of the Property which existed on the Property prior to the date of this Agreement is executed by the Parties. Lease (so long as reasonably prevalent).
b. In the event any after-installed Communications Facility Lessee’s equipment causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE Lessee agrees it will take all commercially reasonable steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference, including but not limited to, at LICENSEE. Lessee shall be obligated to respond to the problem of interference arising from Lessee’s option, powering down such equipment within the Base Station within two (2) business days of receipt of written notice from Lessor and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where if the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty not corrected within five (305) business days of any planned receipt of notification (or routine maintenance such time as may reasonably be required with exercise of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users due diligence provided such repairs are begun within said five (5) business days), such Carrier’s equipment causing such interference shall be disconnected, turned off or removed from the Leased Premises.
c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the Property who currently have 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 future take possession event its determined that the interference is caused by the unlicensed spectrum being used by Lessor at the time of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions execution of this Paragraph and thereforeLease, either Party Lessor shall have be under no obligation to replace the right unlicensed spectrum with a licensed spectrum to equitable remedies, such as, without limitation, injunctive relief and specific performancecorrect the interference.
Appears in 1 contract
Sources: Lease Agreement
Interference. LICENSEE (a) Tenant agrees to install equipment Equipment only of the type types and frequency generating frequencies, which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY transmissions, or signals from Landlord and other permitted users of the Property which existed Project as may be already in place or may hereafter be placed on the Property prior to Project. Tenant shall not change the date this Agreement is executed by frequency range outside of the Parties1850-1990 MHZ frequency range if it interferes with other users within the Project. In the event any after-installed Communications Facility that the Equipment causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE Tenant will take all commercially reasonable 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, including but not limited to, at LICENSEE’s option, powering Tenant shall disconnect electronic power and shut down such equipment and later powering up such equipment the Equipment (except for intermittent operation for the purpose of testing. In no event will CITY be entitled to terminate a Permit , after performing maintenance, repair, modification, replacement, or relocate other action taken for the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the purpose of correcting such interference) until such interference is with traffic-control devices. CITY corrected, and if such interference is not corrected within 30 days after receipt of the written notice, Tenant agrees to remove the Equipment from the Project and this Rider shall provide LICENSEE no less than thirty terminate as if by expiration.
(30b) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that Tenant will not permit the Equipment to create discernible adverse affects on any other permitted equipment located on or in the Building, or transmissions or reception of signals of such 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 undated or amended from time to time (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.
(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 Property who currently have 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 of any default hereunder which remains uncured after expiration of the non-monetary default cure period set forth in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and thereforeLease, either Party Landlord shall also have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceterminate this Rider independent of or in connection with the Lease termination.
Appears in 1 contract
Interference. LICENSEE Tenant agrees to install use commercially reasonable efforts to ensure that ▇▇▇▇▇▇’s Equipment does not cause measurable Interference (as defined below) with the electronic equipment, operations of, or other telecommunications equipment installed at the Property as of the type and frequency which will Effective Date. Following ▇▇▇▇▇▇’s Installation, ▇▇▇▇▇▇▇▇ agrees not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY install or other permitted users of the Property which existed to permit others to install on the Property prior any structure or equipment which would block or otherwise interfere with any transmission or reception by Tenant’s Equipment (whether such blockage or interference is in the form of an emission, radiation, induction, harmonic, a physical barrier or otherwise (“Interference”)). If Interference continues for a period more than seventy-two (72) hours following a Party’s receipt of notification thereof, Landlord shall cause any interfering party over which Landlord may legally exert control to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or cease operating and/or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days source of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of Interference on the Property who currently have or in to reduce the future take possession of power sufficiently to minimize the Property will Interference until such Interference can 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 LICENSEEremedied. The Parties acknowledge and agree that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph Section 5.1, and therefore, therefore either Party shall have the right to equitable remedies, such asincluding, without limitation, injunctive relief and specific performance. Notwithstanding the foregoing, Landlord shall not be responsible for third parties’ use of the Property or the acts or omissions of parties on neighboring properties, over which Landlord cannot legally exert control; however, Landlord shall reasonably cooperate in any means commercially necessary (and lawful) to cause any interfering third party to remedy Interference, but in no event shall Landlord be required to file any suit or action in connection therewith.
Appears in 1 contract
Sources: Cell Site Lease Agreement
Interference. LICENSEE agrees to install equipment (a) Tenant shall not use the Premises or the Easement Areas in any way which interferes with the use of the type Property by Landlord, or by tenants or licensees of Landlord holding rights to the Property on the date of this Lease of which ▇▇▇▇▇▇ has been notified in writing, except as otherwise provided by applicable laws. Landlord represents and frequency which will warrants that there is no communications equipment located on the Property as of the date of this Lease.
(b) Subject to the provisions set forth herein, Landlord reserves the right, privilege and authority to continue to use and occupy the Premises and Property for any purpose whatsoever, including without limitation the modification, maintenance, repair, remodeling or replacement of the facilities on the Premises or Property, or the sale or lease of the Property or any portion of the Property, including leases or licenses with third parties to use part of the Property and Premises for communications purposes; except Landlord hereby covenants that it shall not cause harmful interference which is measurable in accordance with then-existing industry standards to enter into any equipment of CITY lease, license or other permitted agreement pursuant to which a third party would use the Property or other properties owned by Landlord so as to interfere with Tenant's Permitted Use at the time of such lease, license or agreement. Landlord agrees that its future agreements with other users of the Property will require the other users to remedy interference with ▇▇▇▇▇▇'s operations and Landlord will use its best efforts to enforce these provisions if needed. Landlord also reserves the right to install and operate new or modified communications equipment on the Tower or Property for its own uses ("Future Equipment"). ▇▇▇▇▇▇▇▇ agrees to cooperate with Tenant so such Landlord's activities, and the activities described in Subsection (f), have a minimal impact on Tenant's operations and will not cause interference with ▇▇▇▇▇▇'s operations, if reasonably possible. In addition, ▇▇▇▇▇▇▇▇ agrees to give Tenant at least one hundred eighty (180) days written notice, except in the event of an emergency, then Landlord shall provide reasonable notice, prior to installing any Future Equipment, which existed notice shall provide Tenant with the proposed frequencies, locations and other relevant information relating to the Future Equipment. If the cost to eliminate any interference from any other use is unreasonable, then ▇▇▇▇▇▇'s sole remedy shall be the right to terminate this Lease by so notifying Landlord in writing.
(c) Tenant accepts the Lease with the reservation in Subsection (b) and agrees that, subject to the provisions in Subsection (b), if Landlord's use or occupancy interferes with Tenant's Permitted Use, Tenant shall have the option, if practicable and reasonably acceptable to Landlord, and at Tenant's sole cost and expense, modify or relocate the Equipment and Facilities on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interferencemake ▇▇▇▇▇▇'s Permitted Use compatible with Landlord's use or occupancy, and after CITY has notified LICENSEE in writing such modified or relocated site shall constitute the Premises. If modification or relocation is impracticable or unacceptable to Tenant, then this Lease shall terminate upon notice of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit from Tenant or relocate the equipment as long as LICENSEE is making a good faith effort to remedy Landlord.
(d) If the interference issue. CITY shallin Subsection (b), with reasonable notice (c) or (f) is temporary, for example, the need to LICENSEEremove the Equipment and Facilities for Landlord to repair or maintain the Premises, be entitled to power down immediately then Tenant may install temporary or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of mobile facilities on the Property who currently have or on other property owned by Landlord, in the future take possession of the Property will a location reasonably acceptable with Landlord, to accomplish Tenant's Permitted Use.
(e) All interference claims relating to any communications or electronic equipment shall be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable settled in accordance with thenthe then prevailing interference rules and regulations promulgated by the FCC.
(f) It is understood that Landlord from time to time, will need to repair the water tank and/or remove and re-existing industry standards coat the tank with a new paint system. ▇▇▇▇▇▇▇▇ agrees to cooperate with Tenant so that such activities have a minimal impact on Tenant's operations, provided that Landlord shall not be required to bear any additional cost. ▇▇▇▇▇▇▇▇ agrees to provide Tenant with one hundred eighty (180) days prior written notice of such repair and/or maintenance work, along with a schedule showing dates and duration of such repair and/or maintenance work. Following notification of the need and schedule for tank maintenance, the Tenant shall at its cost remove, secure, relocate, and/or protect its facilities during the entire duration of the maintenance activities. The cost of re-coating the tank shall be borne by the Landlord, but any additional costs incurred to perform such coating or maintenance due to the then-existing equipment installation or presence of LICENSEEthe Equipment and Facilities shall be borne by the Tenant. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and thereforeIf Tenant's costs are unreasonable, either Party then Tenant shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceterminate this Lease by so notifying Landlord in writing.
Appears in 1 contract
Sources: Communications Site Lease Agreement
Interference. LICENSEE 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 Premises until such evaluation has been satisfactorily completed and approved by lessor. Lessee agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-then existing industry standards to any equipment of CITY Lessor or other permitted users tenants of the Property which existed on the Property prior to the date this Agreement the applicable Supplement is executed by the Parties. In the event any after-installed Communications Facility Lessee’s equipment causes such interference, and after CITY Lessor has notified LICENSEE in writing Lessee of such interference, LICENSEE Lessee will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEELessee’s option, powering down such interfering equipment and later powering up such interfering equipment for intermittent testing. If 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 CITY Lessor be entitled to terminate a Permit Supplement or relocate the equipment Equipment as long as LICENSEE Lessee is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY Lessor agrees that Lessor and/or any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-then existing industry standards to the then-then existing equipment of LICENSEELessee. 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 user, 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
Interference. LICENSEE (a) TENANT agrees to install only allow equipment to be installed on the Premises that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-then existing industry standards to any equipment of CITY LANDLORD or other permitted users of the Property which existed persons lawfully on the Property prior who are using frequencies licensed to the date this Agreement is executed them by the PartiesFCC or allowed by the FCC for unlicensed use. In the event any after-installed Communications Facility Premises equipment causes such interference, and after CITY LANDLORD has notified LICENSEE TENANT in writing of such interference, LICENSEE TENANT will immediately take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEETENANT’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY LANDLORD be entitled to terminate a Permit this Lease or relocate the equipment as long as LICENSEE TENANT is making a good faith effort to remedy the interference issue. CITY shallBut if TENANT fails to immediately undertake remedial action, with reasonable notice LANDLORD shall have the express right to LICENSEE, be entitled seek an injunction to power down immediately prevent any of the activity prohibited by this Section or cause require the shutdown of interfering communications equipment (except for short tests to be powered down help remove the Communications Facility where interference) until the interference is with traffic-control devicesremoved. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY LANDLORD agrees that LANDLORD and/or any other permitted users tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment (other than consumer, commercial or public safety grade electronics equipment operating as intended) that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-then existing industry standards to the then-existing equipment of LICENSEETENANT. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance non-compliance 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.
(b) During the term of this Lease, Landlord, its successors and assigns, will not grant any ground lease, license, or easement with respect to the Property or any land adjacent to the Premises: (i) for any of the uses contemplated in paragraph 5 herein; or (ii) if such lease, license, or easement would materially and detrimentally impact Tenant’s Communications Facility, or the use thereof. Landlord shall not cause or permit the construction of radio or communications towers on the Property.
Appears in 1 contract
Sources: Lease Agreement
Interference. LICENSEE If, in the sole judgment of Licensor, any electrical, ------------ electromagnetic, radio frequency or other interference shall result from the operation of any of Licensee's Site Equipment, Licensee agrees that Licensor may, at Licensor's option, shut down Licensee's equipment upon not less than eight (8) business hours prior verbal notice to Licensee; provided, however that if an emergency situation exists, which Licensor reasonably determines in its sole discretion to be attributable to Licensee's equipment, Licensor may immediately notify Licensee verbally, who shall act immediately to remedy the emergency situation. Should Licensee fail to so remedy said emergency situation, Licensor may then act to shut down Licensee's Site Equipment. Licensee shall indemnify and defend Licensor and hold it harmless from all expenses, costs, damages, loss, claims or other liabilities arising out of said shutdown. Licensee agrees to install equipment cease operations (except for intermittent testing on a schedule approved by Licensor) until the interference has been corrected to the satisfaction of the type and frequency Licensor. If such interference has not been corrected within 60 days (which will not cause harmful interference which is measurable correction may include a change of Site Equipment in accordance with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property prior to the date terms hereof), Licensor may, at its sole option, either terminate this Agreement is executed by forthwith, or may require that Licensee immediately remove from the Parties. In Antenna Site the event any after-installed Communications Facility causes specific item of Site Equipment causing such interference, and after CITY has notified LICENSEE in writing which latter case the Monthly License Fee shall be reduced by the portion of such interference, LICENSEE will take all commercially reasonable steps necessary the fee applicable to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users remainder 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 Term and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions all other terms and conditions of this Paragraph Agreement shall remain in full force and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performanceeffect.
Appears in 1 contract
Sources: Office Lease (Northern Trust Corp)
Interference. LICENSEE LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-then existing industry standards to any equipment of CITY LESSOR or other permitted users tenants of the Property which existed on the Property prior to the date this Agreement the applicable Supplement is executed by the PartiesParties or to any public safety needs of the community. In the event any after-installed Communications Facility LESSEE’s equipment causes such interference, and after CITY LESSOR has notified LICENSEE in writing LESSEE of such interferenceinterference by a written communication and a call to LESSEE’s Network Operations Center at (▇▇▇) ▇▇▇-▇▇▇▇), LICENSEE LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEELESSEE’s option, powering down such interfering equipment and later powering up such interfering equipment for intermittent testing. In no event If 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 affect repairs to the interfering equipment. LESSOR will CITY not be entitled to terminate a Permit Supplement or relocate the equipment as long as LICENSEE LESSEE is making a good faith effort to remedy the interference issue, except in the case of a public safety need within the community. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY LESSOR agrees that LESSOR and/or any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-then existing industry standards to the then-then existing equipment of LICENSEELESSEE. 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 and a call from LESSEE to LESSOR’s network management center, at (▇▇▇) ▇▇▇-▇▇▇▇, take all 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 user, can affect 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: Master Lease Agreement
Interference. LICENSEE Lessee’s Equipment and Property and Utility Equipment may not and shall not be permitted to interfere with any communications equipment installed by Lessor, any other communications providers presently leasing any property from Lessor, any of the existing wireless and radio equipment and/or frequencies owned and/or operated by Lessor, and any other lessor entering into a lease agreement upon the Tower. Lessee agrees to install equipment Equipment and Property and Utility Equipment of the type and frequency which that will not cause harmful interference which that is measurable in accordance with then-then existing industry standards to any equipment of CITY Lessor or other permitted users of tenants at the Property which that existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility Lessee’s Equipment and Property and Utility Equipment causes such interference, and after CITY ▇▇▇▇▇▇ has notified LICENSEE Lessee in writing of such interference, LICENSEE will Lessee shall take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE▇▇▇▇▇▇’s option, powering down such equipment Equipment and Property and Utility Equipment and later powering up such equipment Equipment and Property and Utility Equipment for intermittent testing. In no event will CITY shall Lessor be entitled to terminate a Permit this Agreement or relocate the equipment Equipment and Property and Utility Equipment as long as LICENSEE Lessee is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice except that Lessee shall turn off any such Equipment and Property and Utility Equipment causing interference to LICENSEE, be entitled to power down Lessor’s emergency or police communications immediately or cause to be and such shall remain powered down and turned off until the Communications Facility where issue is resolved by Lessee, and except that in the event that Lessee is unable to resolve the non-emergency interference is within four (4) months, Lessee shall be in default, this Agreement shall terminate, and the Lessee shall comply with traffic-control devicesall such requirements set forth in this Agreement, including, but not limited to Paragraph
7.02.1. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY ▇▇▇▇▇▇ agrees that Lessor and/or any other permitted users tenants 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-then existing industry standards to the then-then existing equipment Equipment and Property and Utility Equipment of LICENSEELessee. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and 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: Water Tower Lease Agreement
Interference. LICENSEE a. LICENSEE, in the performance and exercise of its rights and obligations under this Agreement and any Supplement, agrees to install equipment Equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to standards, or otherwise interfere in any manner with the equipment of CITY any higher priority users (as set forth in Paragraph III.d) including, but not limited to, the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, irrigation systems, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communications facilities including preexisting small wireless facilities, cable television, location monitoring services, public safety and other then-existing telecommunications equipment, utility, or any municipal property, without the express written approval of the LICENSOR or other higher priority users, or except as otherwise permitted users of the Property which existed on the Property prior with regard to the date LICENSOR's Properties pursuant to this Agreement is executed by the PartiesAgreement. In the event any after-installed Communications Facility LICENSEE Equipment causes such interference, and after CITY LICENSOR has notified LICENSEE in writing of such interferenceinterference (which notice may be provided by electronic mail delivery to the email address provided by LICENSEE) and by calling LICENSEE's NMC (at (▇▇▇) ▇▇▇-▇▇▇▇), LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interferenceinterference including, including but not limited to, at LICENSEE’s 's option, powering down such the interfering equipment and later powering up such the interfering equipment for intermittent testing. In no event will CITY be entitled LICENSEE agrees to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, cooperate with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days subsequent users of any planned or routine maintenance of traffic control devices located where Site to resolve issues affecting interference with signals.
b. The LICENSOR agrees that after the LICENSEE has installed its facilities. CITY agrees that any attached Equipment to a specific Site, other permitted tenants, licensees, or LICENSOR Pole users of the Property who currently have or in the future take possession of space at the Property Site, with the exception of any higher priority users, will not be permitted to install only such new or additional equipment at the Site that is of the type and frequency which will not would cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing Equipment of LICENSEE, or otherwise interfere with the existence and operation of equipment of higher priority users. More specifically, the LICENSOR will attempt to require each subsequent user to provide the LICENSOR with either of the following:
(a) a radio frequency interference study carried out by an independent professional radio frequency engineer ("Independent RF Engineer") approved by the LICENSOR showing that such subsequent user's proposed use will not interfere with any existing, licensed communications facilities, LICENSOR's licensed and unlicensed communications facilities, or other higher priority users, if any; or (b) a certificate of compliance from a professional radio frequency engineer employed by or chosen by the subsequent user verifying that the installation by the subsequent user, along with LICENSEE's Equipment, will result in signals that are in compliance with then-existing RF emission requirements of the FCC and that such user's equipment will not cause interference with LICENSOR's, LICENSEE's or any other third party's existing use of the LICENSOR Pole at the Site. Similarly, at LICENSOR's request or as required by LICENSOR's Code Standards, LICENSEE shall provide the information under subclause (b) in the preceding sentence with respect to any Site with existing communications facilities of LICENSOR or any other third party user.
c. The LICENSOR does not warrant that LICENSEE will be free from interference caused by third parties. However, in the event the LICENSEE claims interference by a subsequent user or a prior user claims interference by LICENSEE, the LICENSOR may attempt to facilitate discussions between the parties. Otherwise, LICENSEE and other users must hire their own professional radio frequency engineers or engage in dispute resolution against the other (including court action, as necessary).
d. Where agreed by LICENSEE and any other user(s), determinations as to the occurrence of harmful interference may be made by an Independent RF Engineer, which agreement would also address the party responsible for the costs of the Independent RF Engineer's analysis. If additional dispute resolution is necessary, LICENSOR shall encourage the affected parties to resolve the dispute as quickly and efficiently as possible, at no cost to the LICENSOR.
e. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph Article, 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: Master License Agreement
Interference. LICENSEE A. Lessee agrees to install equipment Lessee’s Small Wireless Facility in compliance with all FCC rules and regulations, and good engineering practices and according to the applicable plans and specifications approved by Lessor which approval shall not be unreasonably withheld or delayed. Lessee further agrees that Lessee’s use of the type and frequency which Lessee’s Small Wireless Facility will not cause harmful radio frequency interference which is measurable in accordance with then-existing industry standards to any equipment of CITY communication facilities located on or other permitted users of near the Property which existed on the Property prior to the date this Agreement is executed by the PartiesWireless Support Structure, provided such systems are lawfully installed and properly operated. In the event any afterof interference caused by Lessee’s Small Wireless Facility, Lessee shall, within twenty-installed Communications Facility causes such interference, and four (24) hours after CITY has notified LICENSEE in writing Lessee’s receipt of notice of such interferenceinterference from Lessor, LICENSEE will take all commercially reasonable steps as provided in this Section, eliminate the interference or cease using Lessee’s interfering equipment, except for short tests necessary to correct and eliminate for the elimination of the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where until the interference is with trafficcured to the reasonable satisfaction of Lessor. If Lessee, in the event of interference, fails to correct the interference within twenty-control devices. CITY shall provide LICENSEE no less than thirty four (3024) days of any planned hours or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees ceases using the interfering equipment within said time, except for testing purposes, or demonstrate that any other permitted users Lessee’s equipment is not the cause of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and thereforeinterference, either Party Lessor shall have the right to equitable remedies, such as, without limitation, 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 to the operation of Lessee’s Small Wireless Facility by other current users of Lessor on the Property. Lessor will use its best efforts to notify other users of the Property of the interference, and specific performanceto 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 that 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. Rather, Lessor shall provide Lessee reasonable evidence that the interference is 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 Premises within twenty-four (24) hours from the time that the notice of reasonable 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, seven (7) days a week. The qualified technician or representative shall be capable of assessing the situation and determining the necessary response, including any repairs, alterations or modifications to Lessee’s Small Wireless Facility.
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 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 retain the right to submit the study results to its professional communications engineer for review at Lessee’s expense.
Appears in 1 contract
Interference. LICENSEE LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference on the Premises, which is measurable in accordance with then-then existing industry standards to any equipment of CITY LESSOR or other permitted users lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility ▇▇▇▇▇▇'s equipment causes such interference, and after CITY ▇▇▇▇▇▇ has notified LICENSEE LESSEE in writing of such interference, LICENSEE LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY LESSOR be entitled to terminate a Permit this Agreement or relocate the equipment as long as LICENSEE LESSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY LESSOR agrees that ▇▇▇▇▇▇ and/or LESSOR and/or any other permitted users tenants 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-then existing industry standards to the then-then existing equipment of LICENSEELESSEE. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ acknowledge and agree that the foregoing limitation on equipment installation applies only to LESSOR’s non-emergency 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. Notwithstanding the foregoing, LESSEE’s equipment shall not cause any harmful interference to any equipment of the LESSOR used for emergency services, regardless of whether any such equipment is currently in existence prior to the execution of this Agreement or hereafter used by ▇▇▇▇▇▇ in the future. In the event that LESSEE or ▇▇▇▇▇▇’s equipment causes any harmful interference to any of LESSOR or ▇▇▇▇▇▇’s equipment used to provide emergency services, then the LESSOR shall immediately notify LESSEE by contacting LESSEE’S Network Operations Center (at (▇▇▇) ▇▇▇-▇▇▇▇/(▇▇▇) ▇▇▇-▇▇▇▇) and ▇▇▇▇▇▇ agrees to either correct the harmful interference or power down the equipment causing such interference (until the harmful interference has been eliminated), within 24 hours of such notice. may immediately power down LESSEE’s equipment until the harmful interference has been eliminated.
Appears in 1 contract
Sources: Lease Agreement
Interference. LICENSEE agrees to install The exercise of Tenant's rights set forth in this Rider ------------ shall not unreasonably interfere with (a) any rights of other tenants at the Project, and (b) any other wiring, cabling, equipment and/or other property located within the risers and shaftways of the type Building or otherwise at the Project (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 have caused Interference and frequency 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 have caused Interference, Landlord shall provide Tenant with written notice thereof and Tenant shall promptly begin taking actions to prevent the applicable Interference and shall 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 ten (10) days after Tenant's receipt of written notice 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 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 will not cause harmful interference which is measurable removal by Tenant shall be completed in accordance with then-existing industry standards to any equipment of CITY or other permitted users of this Rider and the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interference, Lease and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than within thirty (30) days after Tenant's receipt of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilitiessuch written removal notice. CITY Tenant acknowledges and agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not continuing Interference may cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and irreparable injury and, therefore, either Party Landlord shall additionally have the right to equitable remediesbring an action to enjoin such Interference. Landlord acknowledges and agrees that if another tenant at the Project seeks to install or actually install wiring, such ascabling, equipment, antennas or other property at the Project and any of Tenant's wiring, cabling, equipment, antennas or other property at the Project (including, without limitation, injunctive relief and specific performancethe 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 will not constitute Interference for the purposes of this paragraph.
Appears in 1 contract
Sources: Triple Net Lease (Inflow Inc)
Interference. LICENSEE (a) Licensee will operate its Wireless Installations in compliance with all FCC regulations regarding Interference with the radio signal transmissions of City and other third parties in or upon a Structure, which transmissions are operated in compliance with Laws. Licensee shall obtain an RF interference study carried out by an independent professional RF engineer showing that Licensee’s intended use will not interfere with any current communication facilities which are located on or near a Structure. Licensee shall not transmit or receive radio waves at the Property until such evaluation has been satisfactorily completed and approved by City.
(b) City will not grant after the date of this Agreement a permit, license or any other right to any third party if, at the time such third party applies to use a Structure or Infrastructure, City knows that such third party’s use will cause Interference with the Licensee’s existing Wireless Installations, Licensee’s use of the Structure or Infrastructure, or Licensee’s ability to comply with the terms and conditions of this Agreement.
(c) City will not, nor will City permit its employees, tenants, licensees, invitees, agents or independent contractors to cause Interference with Licensee’s existing Wireless Installations, Licensee’s use of the Structure or Infrastructure, or Licensee’s ability to comply with the terms and conditions of this Agreement. If Licensee reasonably determines that Interference is occurring, then City will meet and confer with Licensee within five (5) business days of City’s receipt of notice of Interference from Licensee, and otherwise diligently work in good faith with Licensee to determine the cause of the Interference and to develop workable solutions to resolve the Interference in a mutually acceptable manner.
(d) Notwithstanding anything in this Agreement to the contrary, it is expressly agreed that, if any of Licensee’s equipment causes Interference with any systems impacting City’s emergency preparedness, law enforcement activities, or other public safety obligations, Licensee may take any and all steps as it is empowered to take under its police power authority, which may include immediately discontinuing the electricity supplied to such equipment, until such Interference problems are resolved. To the extent feasible, City agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property give Licensee verbal notice prior to the date undertaking any action under this Agreement is executed by the Parties. In the event Section that will result in cutting off power to a Licensee Wireless Installation or otherwise preventing Licensee from operating any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit services from one or relocate the equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performancemore Wireless Installations.
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Sources: Master License Agreement