Interference. (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to 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 regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents 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. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord. (d) The Landlord shall have the right to 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Interference. (a) Where there are existing radio frequency user(s) Tenant shall be responsible to ensure that no Lines or telecommunications or other signal or data reception or transmission equipment installed in the Premises or on the Property, the Landlord 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 rooftop of the Premises will not Building pursuant to Section 34 below (“Equipment”) cause any electrical, electromagnetic, radio frequency, or other interference with the Building Systems or any other equipment of Landlord or any third party (including any telecommunication or other signal or data reception or transmission equipment and/or system in or serving the Project, its occupants, and/or Landlord), or otherwise interfere with existing radio frequency user(s) on the Property so disclosed use and enjoyment of the Project by Landlord, as long as any tenant of 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 grantProject, after the date of this Agreement, a lease, license or any person or entity that has entered or will enter into an agreement with Landlord to install telecommunications or other right signal or data reception or transmission equipment in the Project (collectively, “Interference”). Upon notice of any Interference, Tenant shall immediately cooperate with Landlord to any third party for use identify the source of the PropertyInterference and shall, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents 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. Landlord will cause such interference to cease within twenty-four (24) hours hours, if requested by Landlord, cease all operations of Lines and Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed) until the Interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the Interference is not caused by Tenant’s Lines or Equipment, in which case Tenant may operate its Lines or Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all costs associated with any tests deemed reasonably necessary to resolve any and all Interference. If such Interference has not been corrected within ten (10) business days after receipt notice to Tenant of notice its occurrence, Landlord may (i) require Tenant to remove the specific Line or Equipment causing such Interference, or (ii) eliminate the Interference at Tenant’s expense, provided such Interference is actually caused by Tenant’s Lines or Equipment. If the lines or equipment of interference from any other party causes Interference with Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore’s Lines or Equipment, Tenant will have the right, shall reasonably cooperate with such other party to resolve such Interference in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlorda mutually acceptable manner.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 2 contracts
Sources: Office Lease (PACIFIC GAS & ELECTRIC Co), Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co)
Interference. (a) Where there are existing radio frequency user(s) NBU acknowledges and agrees that it will not permit the installation of any additional antennas or equipment on the PropertyTower or at the Tower Site, or the Landlord will provide Tenant with a list relocation of all any existing radio frequency user(s) antennas or equipment installed on the Property Tower or at the Tower Site, to allow Tenant to evaluate the potential for interference. Tenant warrants 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 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 customary and continue to operate within their respective frequencies commercially reasonable practices for wireless communication sites and in accordance with all applicable laws and regulationstowers thereon.
(b) Landlord will NBU shall not, and shall not grantpermit any subsequent licensee, after the date of this Agreementlessee, a leasesublessee, license or any other right to any third party for use user of the PropertyTower (collectively, if such use may in “Other Lessees”), to (i) install or change, alter or improve the frequency, power, or type of any way adversely affect or interfere communications equipment that interferes with the Communication operation of COUNTY’s Communications Facility or is not authorized by, or violates, applicable Laws (hereinafter defined) or 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, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will In the event of any interference occurring at the Tower Site as a result of any actions of NBU or any Other Lessees described in Section (b) above, NBU shall use commercially reasonable efforts to resolve any such interference problems, including, without limitation, using its best efforts to correct and eliminate the interference within forty-eight (48) hours of receipt by NBU of notification from COUNTY and, if requested by NBU, COUNTY shall perform at its expense an interference study in accordance with industry-standard procedures and practices. If unreasonable interference is confirmed and such interference cannot use, nor will Landlord permit be corrected or eliminated within such 48-hour period NBU shall cause any of NBU’s or its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which Other Lessees’ communications equipment that unreasonably interferes with the Communication Facilityoperation 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 Tenant 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 the rights of Tenant under this Agreement. Landlord will cause such interference Other Lessee to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injuryoperations, and therefore, Tenant will have the right, in addition to any other rights that it COUNTY may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon by written notice to LandlordNBU.
(d) The Landlord COUNTY shall have not (i) install, change, alter or improve the right to attach its radio 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 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 operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Tower Site.
(e) In the event of any interference 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 COUNTY, including, without limitation, using its best efforts to correct and eliminate the tower at no charge to the Landlord at a height of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the Tenant.interference within forty-eight
Appears in 2 contracts
Sources: Interlocal Agreement, Interlocal Agreement
Interference. (a) Where there are 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 frequency user(s) or microwave utilization, whether on or off the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on 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 allow Tenant immediately correct and eliminate. Should Lessee fail to evaluate 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 potential for interferencePremises, 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 ▇▇▇▇▇▇. Tenant warrants that If Lessor does not exercise its use option to correct the interference and if ▇▇▇▇▇▇ fails to correct the interference within thirty (30) days of receipt of Lessor’s notification of the Premises will not interfere with existing radio frequency user(s) on same, Lessor shall have the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate option to terminate this Lease and continue thereafter shall have no further obligations to operate within their respective frequencies and in accordance with all applicable laws and regulationsLessee.
(b) Landlord will Lessor shall use all reasonable efforts to ensure that other tenants on the Tower do not grantcause interference to the operation of Lessee’s Equipment, after to the date extent the equipment of this Agreementsuch other tenants was installed subsequent to the installation of Lessee’s Equipment (“Objectionable Interference”). Should Objectionable Interference be experienced by ▇▇▇▇▇▇, a leaseLessee shall provide notice in writing of such Objectionable Interference to Lessor, license or any other right to any third party for use and Lessor shall cooperate with Lessee in identifying the source of the Property, if Objectionable Interference and in causing the responsible party to take such use may in any way adversely affect or interfere with reasonable steps necessary to eliminate the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents 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. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from TenantObjectionable Interference. In the event any such interference does not cease party causing the Objectionable Interference fails to correct such problem and ▇▇▇▇▇▇’s broadcast continues to be materially affected within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injurythirty (30) days of Lessee notifying Lessor of such problem, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord.
(d) The Landlord Lessee shall have the right to attach its radio communications equipment terminate this Lease by written notice to Lessor at any time thereafter unless such Objectionable Interference is eliminated within the tower at no charge to the Landlord at a height of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the Tenantaforesaid 30-day period.
Appears in 2 contracts
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) Where there are existing television or radio frequency user(s) on equipment in or about the Property, the Landlord 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 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.
Project; (b) Landlord will not granttransmitting, after the date of this Agreementreceiving or master television, a lease, license telecommunications or any other right to any third party for use of the Property, if such use may microwave antennae equipment currently or hereafter located in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any way which interferes 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 impair the functionality of Tenant's Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the Communication Facilitysource of the interference and shall, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt hours, if requested by Landlord, cease all operations of notice the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference from Tenantis not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. In the event 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 does caused by Tenant has not cease been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the aforementioned cure period then specific Equipment causing such interference, or (ii) eliminate the parties acknowledge that Tenant will suffer irreparable injury, and thereforeinterference at Tenant's expense. If the equipment of any other party causes interference with the Equipment, Tenant will have the right, in addition shall reasonably cooperate with such other party to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin resolve such interference or to terminate this Agreement upon notice to Landlordin a mutually acceptable manner.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 2 contracts
Sources: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) Where there are existing television or radio frequency user(s) on equipment in or about the Property, the Landlord 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 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.
Project; (b) Landlord will not granttransmitting, after the date of this Agreementreceiving or master television, a lease, license telecommunications or any other right to any third party for use of the Property, if such use may microwave antennae equipment currently or hereafter located in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord (and, to the extent commercially reasonable, any way which interferes future licensee or tenant of Landlord, but only provided that the same does not impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the Communication Facilitysource of the interference and shall, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt hours, if reasonably requested by Landlord, cease all operations of notice the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference from is not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. Tenant shall be responsible for all actual costs associated with any tests deemed reasonably necessary to resolve any and all interference as set forth in this Paragraph provided such interference is actually caused by Tenant. In the event If any such interference does caused by Tenant has not cease been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the aforementioned cure period then specific Equipment causing such interference, or (ii) eliminate the parties acknowledge that Tenant will suffer irreparable injury, and thereforeinterference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant will have the right, in addition shall reasonably cooperate with such other party to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin resolve such interference or to terminate this Agreement upon notice to Landlordin a mutually acceptable manner.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 2 contracts
Interference. (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use Licensee's operation of the Premises will Equipment shall not interfere with existing the maintenance or operation of:
(i) the video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the Hotel and/or its occupants, or the operation of any radio frequency user(sor telecommunication equipment operated by the Authority or Marriot at the Hotel (collectively, “Marriott Telco Equipment”), or
(ii) on the Property so disclosed by Landlord, as long as the existing same has been disclosed to Licensee prior to the initial effective date of this License Agreement, any video systems, computers, telephone systems, radio frequency user(sor telecommunication equipment maintained or operated at the Hotel by Hotel tenants, exhibitors or contractors or other invitees, lessees or licensees (collectively, “Third Party Telco Equipment”), in either case, so long as such Marriott Telco Equipment or Third Party Telco Equipment is operating within its assigned parameters and/or license. In the event of the occurrence of any such interference by Licensee’s Equipment, Licensee agrees to cease all operations (except for testing as approved by Authority, Marriott or the operator of the impacted Third Party Telco Equipment, as relevant, the cost of which shall be borne by Licensee) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulationsuntil the interference has been resolved.
(b) Landlord will The Authority covenants not grantto install any new Marriott Telco Equipment or to update or otherwise change the operation of existing Marriott Telco Equipment, after in either case, so that such new or updated Marriott Telco Equipment interferes with the date ongoing operation of this Agreement, a lease, license Licensee’s Equipment. In the event of any such interference by new or any other right updated Marriott Telco Equipment: (i) the Authority shall use its best efforts to any third party for use of the Property, if correct such use may interference promptly and in any way adversely affect event within ten (10) business days of receipt of notice thereof; and (ii) the Authority shall, to the extent possible without materially impacting Hotel operations, upon demand cease operations of such new or interfere with updated Marriott Telco Equipment (except for testing as agreed by the Communication FacilityAuthority and Licensee, the operations cost of Tenant or which shall be borne by the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting Authority) until any third party the right to install and operate communications equipment on the Propertysuch interference has been resolved.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents The Authority covenants that it shall provide in all future agreements with entities that contract to use, any portion of the Property operate Third Party Telco Equipment that in any way which 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 twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such equipment interferes with the ongoing operation of Licensee’s Equipment, the relevant operator shall: (i) use its best efforts to correct such interference does not promptly and in any event within five (5) business days of receipt of notice thereof; (ii) upon demand, cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injuryall operations of relevant Third Party Telco Equipment (except for testing as approved by Licensee) until any such interference has been resolved, and therefore, Tenant will have (iii) be responsible for all costs associated with any tests deemed necessary by Licensee to resolve the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlordunpermitted interference.
(d) The Landlord Licensee shall have not allow any excessive or objectionable levels of noise, as reasonably determined by Authority, to be generated by the right Equipment during normal operations.
(e) Notwithstanding the foregoing, if an emergency situation exists which Authority reasonably determines, in its sole discretion, to attach its radio communications equipment be attributable to the tower at no charge Equipment, Authority shall immediately notify Licensee, who shall act diligently and expediently to remedy the Landlord at a height of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the Tenantemergency situation.
Appears in 2 contracts
Sources: License Agreement, License Agreement
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) Where there are existing television or radio frequency user(s) on equipment in or about the Property, the Landlord 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 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.
Project; (b) Landlord will not granttransmitting, after the date of this Agreementreceiving or master television, a lease, license telecommunications or any other right to any third party for use of the Property, if such use may microwave antennae equipment currently or hereafter located in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any way which interferes 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 impair the functionality of Tenant’s Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the Communication Facilitysource of the interference and shall, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt hours, if requested by Landlord, cease all operations of notice the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference from Tenantis not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. In the event 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 Section. If any such interference does caused by Tenant has not cease been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the aforementioned cure period then specific Equipment causing such interference, or (ii) eliminate the parties acknowledge that Tenant will suffer irreparable injury, and thereforeinterference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant will have the right, in addition shall reasonably cooperate with such other party to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin resolve such interference or to terminate this Agreement upon notice to Landlordin a mutually acceptable manner.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 1 contract
Sources: Office Lease (ShoreTel Inc)
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) Where there are existing television or radio frequency user(s) on equipment in or about the Property, the Landlord 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 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.
Building; (b) Landlord will not grant, after the date of this Agreement, a lease, license present or future electronic control system for any other right to any third party for use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant Building’s operating services and/or Building Systems or the rights operation of Tenant under this Agreement. Landlord will notify Tenant the elevators in writing prior to granting any third party the right to install and operate communications equipment on the Property.
Building; (c) Landlord will not usetransmitting, nor will Landlord permit its employeesreceiving or master television, tenants, licensees, invitees telecommunications or agents to use, microwave antennae equipment currently or hereafter located in any portion of the Property in Project; or (d) radio communication system now or hereafter used or desired to be used by Landlord or any way which interferes other licensee or tenant of Landlord. Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the Communication Facilitysource of the interference and shall, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt hours, if requested by Landlord, cease all operations of notice the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference from Tenantis not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. In the event 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 Section. If any such interference does caused by Tenant has not cease been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the aforementioned cure period then specific Equipment causing such interference, or (ii) eliminate the parties acknowledge that Tenant will suffer irreparable injury, and thereforeinterference at Tenant’s expense. If the equipment of any other party causes interference with the Equipment, Tenant will have the right, in addition shall reasonably cooperate with such other party to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin resolve such interference or to terminate this Agreement upon notice to Landlordin a mutually acceptable manner.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 1 contract
Interference. (ai) Where there are Tenant agrees to use commercially reasonable efforts to insure that the Equipment will not cause material interference with (i) any existing radio frequency user(s) communications equipment installed on the PropertyBuilding, or (ii) with the Landlord will provide Tenant with a list ability of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use other tenants/occupants of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, Building 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 of the date of this AgreementLease to receive or transmit radio, television, telephone, microwave, short-wave, long-wave or other signals of any sort presently or hereafter installed, or (iii) with any equipment, installation, wires, cabling or machinery (electronic or other wise) at the Building. Should interference occur, Landlord shall provide Tenant with notice of such interference ("Landlord's Interference Notice") and Tenant shall promptly make all commercially reasonable necessary repairs and adjustment, at Tenant's sole cost and expense, to attenuate the interference to Landlord's reasonable satisfaction and any costs and expenses incurred by Landlord in connection therewith shall be paid to Landlord by Tenant within thirty (30) days after Tenant's receipt of Landlord's Interference Notice.
(ii) Landlord shall include in antenna site agreements Landlord executes in the future a lease, license or any other right provision requiring future antenna site users to any third party for use of the Property, if such use may in any way adversely affect or commercially reasonable efforts not to interfere with the Communication Facility, radio signals generated from the operations of Tenant or the rights of Tenant under this AgreementPremises. Landlord will notify shall have no liability to Tenant for Landlord's failure to include such a provision in writing prior to granting any third party the right to install and operate communications equipment on the Propertyfurther agreements.
(ciii) Prior to the installation of any of the Equipment, Tenant shall obtain and supply to Landlord a written evaluation of the Premises to determine if the operation of the Equipment together with the other electrical equipment located at the Building, would cause any location in the Building to exceed the FCC radiated power density maximum permissible exposure for workers and the general public or would otherwise expose Landlord to liability to third parties due to such exposure (hereinafter the "MPE"), Tenant shall operate the Equipment in a manner that will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of exceed the Property in any way which 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 twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to LandlordMPE.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Interference. (a) Where there are existing radio frequency user(s) Tenant agrees to install Equipment only of types and generating frequencies, which will not cause interference to transmissions, or signals from Landlord and other users of the Project as may be already in place or may hereafter be placed on the PropertyProject. Tenant shall not change the frequency range outside of the 1850-1990 MHZ frequency range if it interferes with other users within the Project. In the event that the Equipment causes such interference, Tenant will take all steps necessary to correct and eliminate the Landlord 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. If the interference cannot be eliminated within 48 hours after receipt of written notice from Landlord to Tenant, Tenant warrants that its use 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 is corrected, and if such interference is not corrected within 30 days after receipt of the Premises will not interfere with existing radio frequency user(s) on written notice, Tenant agrees to remove the Property so disclosed Equipment from the Project and this Rider shall terminate as if 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 regulationsexpiration.
(b) Landlord Tenant will not grant, after permit the date of this Agreement, a lease, license or Equipment to create discernible adverse affects on any other right 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 ▇▇▇," (▇▇▇▇ ▇▇▇.▇-▇▇▇▇) ▇▇▇ued by the American National Standards Institute and adopted by 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 third party for other standards or regulations which may be adopted from time to time by governmental agencies having jurisdiction over the use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the PropertyEquipment.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents shall have no liability for any interference to use, any portion Tenant's operation of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this AgreementEquipment caused by a third party. Landlord will cause 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 interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlordthird party user.
(d) The In the event of any default hereunder which remains uncured after expiration of the non-monetary default cure period set forth in the Lease, Landlord shall also have the right to attach its radio communications equipment to terminate this Rider independent of or in connection with the tower at no charge to the Landlord at a height of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the TenantLease termination.
Appears in 1 contract
Interference. (a) Where there are existing radio frequency user(s) on Without limiting the Propertygenerality of any other provision hereof, Tenant shall ensure that the Landlord 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 installation, maintenance, operation and use of the Premises will Equipment shall not (i) damage or interfere in any way (whether due to microwave, radio frequency, electronic, electromagnetic or other interference) with existing radio frequency user(soperation or use of any systems, equipment or devices (whether electrical, communications, computer or any other type of systems, equipment or devices) on serving or in use now or hereafter by the Property Building, the Project or the occupants or licensees of either; or (ii) subject Landlord to risk of civil or criminal damages or penalties. If the installation, maintenance operation or use of the Equipment causes such damage or interference or subjects Landlord to such damages or penalties, or if Landlord determines in its good faith discretion that there is a reasonable basis indicating that such installation, maintenance, operation or use is so disclosed causing such interference or subjecting Landlord to such damages or penalties, then upon notice from Landlord (which may be verbal notice in the event of any actual interference so long as it is followed by written notice), Tenant shall immediately stop the activity causing such interference or subjecting Landlord to such damages or penalties and shall not resume such activity unless and until it may be resumed without causing such interference or subjecting Landlord to such damages or penalties. Without limiting the generality of the foregoing, and as an additional remedy of Landlord, as long as the existing radio frequency user(s) operate and continue if Tenant is not able to operate within their respective frequencies and in accordance with all applicable laws and regulationsresume such activity without causing such interference or subjecting Landlord to such damages or penalties, then at Landlord's option, exercisable by written notice to Tenant, Landlord may terminate this License.
(b) If there is material interference with Tenant's ability to operate its Equipment at the Roof Space caused by Landlord will not grantor Landlord's employees', after the date of this Agreementagents' or contractors' acts or omissions, a lease, license or any other right to any third party for caused by another entity whose use of the PropertyRoof or other part of the Project and whose equipment thereon interferes with Tenant's permitted use hereunder, if such use may in any way adversely affect or interfere with Landlord shall exercise good faith efforts to alleviate the Communication Facilitycause of said interference, the operations of Tenant or subject to the rights of such entity. If said interference is not alleviated within thirty (30) days, Landlord shall make a good faith effort to allow Tenant under this Agreementto relocate to other mutually acceptable Roof space where the Equipment properly functions, which site thereafter will be substituted for the space originally designated as the Roof Space. If 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 does not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant offer or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does parties do not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and thereforeagree upon a mutually acceptable relocation site, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord.
(d) The Landlord shall have the right to attach cancel and terminate this License as its radio communications equipment to the tower at no charge to the Landlord at a height of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the Tenantsole and exclusive remedy hereunder.
Appears in 1 contract
Sources: Office Lease (Calico Commerce Inc/)
Interference. (a) Where there are existing radio frequency user(s) on Tenant shall not use the Property, Roof Area or the Landlord will provide Tenant Dish in any way that interferes with a list the use and enjoyment of all existing radio frequency user(s) on the Property by: (i) Landlord, (ii) tenants or licensees of Landlord leasing or licensing space in the Building primarily for the same or similar use as a majority of the other tenants or licensees in the Building and which is consistent with the purpose for which the Building is operated ("Existing Tenants") who commenced occupancy at the Building on a date which precedes the Effective Date, including Existing Tenants who are leasing or licensing space from Landlord and using the Property as a communications transmitting or receiving site. The operation of the Dish shall not interfere with the maintenance or operation of the Building, including but not limited to allow 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 to evaluate the potential for 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 warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed agrees to cease all operations (except for testing as approved 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 of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents 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. Landlord will cause such interference to cease within twenty-four (24) hours after of receipt of notice from Existing Tenants of interference from Tenant. In the event any such interference does not and to continue to cease within all operations until the aforementioned cure period then interference has been corrected to the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have reasonable satisfaction of the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin . 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 be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference which Landlord determines or to terminate this Agreement upon notice to Landlord.
(d) The Landlord shall have the 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 reasonably believes is being caused by the Landlord does not adversely affect the service provided by the Dish or Tenant's use thereof.
Appears in 1 contract
Sources: Office Lease (One)
Interference. (a) Where there are existing radio frequency user(s) on Tenant shall not use the Property, Roof Area or the Landlord will provide Tenant Dish in any way that interferes with a list the use and enjoyment of all existing radio frequency user(s) on the Property by: (i) Landlord, (ii) tenants or licensees of Landlord leasing or licensing space in the Building primarily for the same or similar use as a majority of the other tenants or licensees in the Building and which is consistent with the purpose for which the Building is operated ("Building Tenants"), or (iii) tenants or licensees of Landlord who commenced occupancy at the Building on a date which precedes the date of Tenant's installation of the Dish (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 maintenance or operation of the Building, including but not limited to allow 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 to evaluate the potential for shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, 29 INDUSTRIAL LEASE loss, claims or other expenses and liabilities arising from any such interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed agrees to cease all operations (except for testing as approved 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 of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents 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. Landlord will cause such interference to cease within twenty-four (24) hours after of receipt of notice from Landlord of interference from Tenant. In the event any such interference does not and to continue to cease within all operations until the aforementioned cure period then interference has been corrected to the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have sole satisfaction of the right, in addition to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin . 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 be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference which Landlord determines or to terminate this Agreement upon notice to Landlord.
(d) The Landlord shall have the 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 reasonably believes is being caused by the Landlord does not adversely affect the service provided by the Dish or Tenant's use thereof.
Appears in 1 contract
Interference. Without limiting the generality of any other provision hereof, Tenant shall install, maintain and operate the Equipment in a manner so as to not cause any electrical, electromagnetic, radio frequency or other material interference with the use and operation of any: (a) Where there are existing television or radio frequency user(s) on equipment in or about the Property, the Landlord 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 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.
Project; (b) Landlord will not granttransmitting, after the date of this Agreementreceiving or master television, a lease, license telecommunications or any other right to any third party for use of the Property, if such use may microwave antennae equipment currently or hereafter located in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in Project; or (c) radio communication system now or hereafter used or desired to be used by Landlord or any way which interferes 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 impair the functionality of Tenant's Equipment). Upon notice of any such interference, Tenant shall immediately cooperate with Landlord to identify the Communication Facilitysource of the interference and shall, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt hours, if requested by Landlord, cease all operations of notice the Equipment (except for intermittent testing as approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed) until the interference has been corrected to the reasonable satisfaction of Landlord, unless Tenant reasonably establishes prior to the expiration of such twenty-four (24) hour period that the interference from Tenantis not caused by the Equipment, in which case Tenant may operate its Equipment pursuant to the terms of this Lease. In the event 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 Section. If any such interference does caused by Tenant has not cease been corrected within ten (10) days after notice to Tenant, Landlord may (i) require Tenant to remove the aforementioned cure period then specific Equipment causing such interference, or (ii) eliminate the parties acknowledge that Tenant will suffer irreparable injury, and thereforeinterference at Tenant's expense. If the equipment of any other party causes interference with the Equipment, Tenant will have the right, in addition shall reasonably cooperate with such other party to any other rights that it may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin resolve such interference or to terminate this Agreement upon notice to Landlordin a mutually acceptable manner.
(d) The Landlord shall have the 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 the Landlord does not adversely affect the service provided by the Tenant.
Appears in 1 contract
Interference. Tenant shall not use the Roof Area or the Dish in any way that interferes with the use and enjoyment of the property by: (i) Landlord, (ii) tenants or licensees of Landlord leasing or licensing space in the Building primarily for the same or similar use as a majority of the other tenants or licensees in the Building and which is consistent with the purpose for which the Building is operated, and who prior to the Dish Commencement Date are leasing or licensing space from Landlord and using the property as a communications transmitting or receiving site ("Building Tenants"), or (iii) tenants or licensees of Landlord who commenced occupancy at the Building on a date which precedes the Dish Commencement Date, and who prior to the Dish Commencement Date 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 (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use maintenance or operation of the Premises will Building, including but not interfere with existing radio frequency user(s) on limited to the Property so disclosed by Landlordroof, as long as MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations.
Building and/or its occupants, or (b) Landlord will not grantradio or telecommunication equipment installed by telecommunication service providers at the Building, after as the date of this Agreement, a lease, license or any other right to any third party for use of the Property, if such use same may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing exist prior to granting 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 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 agents 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. Landlord will cause such interference to pre-existing equipment. Tenant agrees to cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours after of receipt of notice from Landlord of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injurywith pre-existing equipment, and therefore, Tenant will have to continue to cease all operations until the right, in addition interference has been corrected to any other rights that it may have at law or in equity, for the sole satisfaction of the Landlord’s breach of this Agreement, to elect to enjoin . If such interference or has not been corrected within thirty (30) days, Landlord may require Tenant to terminate this Agreement upon notice remove the specific items from the Dish causing such interference. All operations by Tenant shall be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any tests deemed necessary to Landlord.
(d) The Landlord shall have the right resolve any and all interference to attach its radio communications pre-existing equipment which is determined to the tower at no charge to the Landlord at a height of 60 to 65 feet so long as said use be caused by the Landlord does not adversely affect the service provided by the Dish or Tenant's use thereof.
Appears in 1 contract
Sources: Office Lease (Panera Bread Co)
Interference. (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its The Satellite Dish or Dishes and Tenant’s use of the Premises will Licensed Area and related equipment shall not interfere in any manner with existing radio frequency user(s) on Landlord’s activities in the Property so disclosed applicable Building and shall not damage or interfere with any facilities or equipment of any type installed 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 person or entity, including without limitation, the Building Systems and any satellite dishes, antenna, computer or other devices or systems installed at the Project at any time. Tenant agrees, warrants and represents that should any such interference occur, it shall take whatever steps are required to correct such interference within two (2) Business Days after receiving written notice thereof from Landlord, and that should there occur any third party for use interference with the ability of Landlord or any tenants, occupants or licensees of the Property, if such use may Project to communicate in any way adversely affect manner (whether by radio, television, electrical, telephone, computer, microwave or interfere with the Communication Facility, the operations of otherwise) that Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior shall take whatever steps are required 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 agents 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. Landlord will cause stop such interference to cease within twentyseventy-four two (2472) hours after receipt of receiving written notice of thereof from Landlord. If despite Tenant’s steps to stop such interference, the interference from continues, then Tenant shall discontinue using the Satellite Dish(es) and related equipment. Tenant. In the event ’s failure to promptly correct any such interference, as set forth herein, shall constitute an Event of Default and shall entitle Landlord to correct the cause of the interference, and to charge Tenant with all costs so incurred. Tenant agrees that Landlord shall not be responsible for preventing or correcting any interference does not cease within the aforementioned cure period then the parties acknowledge that may be caused to Tenant’s Satellite Dish(es) and related equipment or its use and that Tenant will suffer irreparable injuryshall be fully responsible for coordinating and cooperating with other tenants, occupants or licensees who have communications devices at the Project in order to minimize or prevent any interference by or with Tenant’s Equipment and therefore, Tenant will have the right, in addition to any other rights that it its use (except as Landlord may have at law or in equity, for Landlord’s breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord.
(d) The Landlord shall have the right to attach its radio communications equipment otherwise expressly agree to the tower contrary at no charge 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 locate anything that would interfere with Tenant’s Satellite Dish between Tenant’s Satellite Dish and the Landlord at a height edge of 60 to 65 feet so long as said use by the Landlord does not adversely affect the service provided by the Tenantroof).
Appears in 1 contract
Sources: Lease Agreement (ArcSight Inc)