Common use of Interference Clause in Contracts

Interference. a. Lessee agrees to install (and shall cause each Carriers to install) equipment of a type and frequency which will not cause frequency interference with other forms of radio frequency communications existing on Lessor’s property as of the date of this Lease or as may be in existence in the future (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 Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. 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 consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Interference. a. Lessee agrees to install (27.1 The Licensee Equipment and shall cause each Carriers to install) the equipment of a type those who the Licensee controls and frequency which will is responsible for at law, shall not cause frequency interference interfere with other forms of radio frequency communications existing on Lessor’s property as the use and enjoyment of the date of this Lease or as may be in existence in Building by the future (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, stateLicensor, or countyBuilding tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) rules days written notice thereof and regulations. b. In the event Lessee’s or any Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or Licensee shall cause all such steps to be made, use commercially reasonable efforts to correct and eliminate the interference consistent with all government rules and regulations upon same, forthwith after receipt of written notification such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. Lessee At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be obligatedcorrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, and shall cause each Carrier, or if the parties cannot agree on commercially reasonable actions to correct such interference to the problem 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 within two (2) business days of shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice from Lessornotice, the Licensor shall use its best efforts to correct such interference forthwith. If the such interference is not corrected within five (5) business days after the best efforts of receipt the Licensor, the resolution 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 Premisesdetermined pursuant to Section 29.1. c. 27.3 In the event Lessor’s equipment at interference is caused by a party to this License the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate party which did not cause the interference consistent with appropriate government rules shall be entitled to recover the cost of detection and regulations upon receipt of written notification rectification of the interference from either the other party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.

Appears in 3 contracts

Sources: Telecommunication and Building Access License, Telecommunications, Telecommunications

Interference. a. Lessee LICENSEE agrees to install (and shall cause each Carriers to install) equipment of a the type and frequency which will not cause frequency harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other forms of radio frequency communications existing on Lessor’s property as permitted users of the Property which existed on the Property prior to the date of this Lease or as may be in existence in Agreement is executed by the future (so long as reasonably prevalent)Parties. 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 Carrier’s equipment after-installed Communications Facility causes such interference, Lessee agrees it and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. 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 commercially reasonable steps necessary to correct and eliminate the interference consistent with appropriate government rules interference, including but not limited to, at LICENSEE’s option, powering down such equipment and regulations upon receipt of written notification of 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 from either partyissue. Lessor shall CITY shall, with reasonable notice to LICENSEE, be obligated entitled to respond power down immediately or cause to be powered down 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 Communications Facility where the interference is not corrected within five with traffic-control devices. CITY shall provide LICENSEE no less than thirty (530) business days of receipt any planned or routine maintenance of notification (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 time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing telecommunications use 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 Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution provisions of this LeaseParagraph and therefore, either Party shall have the Lessor shall be under no obligation right to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceequitable 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. a. Lessee agrees (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 install (and shall cause each Carriers allow Tenant to install) equipment evaluate the potential for interference. Tenant warrants that its use of a type and frequency which the Premises will not cause frequency interference interfere with other forms of existing radio frequency communications user(s) on the Property so disclosed by Landlord, as long as the existing on Lessor’s property as of 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 Lease Agreement, a lease, license or as any other right to any third party for use of the Property, if such use may be in existence 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 future 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 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 Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. 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 consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used Landlord does not adversely affect the service provided by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceTenant.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Interference. a. Lessee agrees to install (and a) Lessee’s operation of Lessee’s Equipment shall not knowingly cause each Carriers to install) equipment of a type and frequency which will not cause frequency any harmful interference with other forms the signal of radio frequency communications existing on any user of Lessor’s property as Property and/or other existing transmitter/receiver for two-way channels, television, radio or microwave utilization, whether on or off the Premises or the Property or whether transmitted or received by Lessor or Lessor’s other lessees or licensees. Furthermore, ▇▇▇▇▇▇ agrees that any interference with the existing signal of any other transmitter/receiver caused by the date operation of this Lease or as may be in existence in the future (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 Equipment shall be the responsibility of Lessee to immediately correct and eliminate. Should Lessee fail to immediately correct any Carrier’s equipment causes such interference within forty-eight (48) hours of receipt of notice by Lessor of such interference, Lessee agrees it will take all steps necessarythen Lessor may, or shall cause all at its option, enter the Premises, correct such steps interference and invoice the costs of such correction to be madeLessee, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. Lessee which invoice shall be obligated, and shall cause each Carrier, to correct the problem of interference payable within two ten (210) business days of receipt of written notice from Lessorby ▇▇▇▇▇▇. If Lessor does not exercise its option to correct the interference is not corrected and if ▇▇▇▇▇▇ fails to correct the interference within five thirty (530) business days of receipt of Lessor’s notification of the same, Lessor shall have the option to terminate this Lease and thereafter shall have no further obligations to Lessee. (or such time as may reasonably be required with exercise b) Lessor shall use all reasonable efforts to ensure that other tenants on the Tower do not cause interference to the operation of due diligence provided such repairs are begun within said five (5) business days), such Lessee’s or CarrierEquipment, to the extent the equipment of such other tenants was installed subsequent to the installation of Lessee’s equipment Equipment (“Objectionable Interference”). Should Objectionable Interference be experienced by ▇▇▇▇▇▇, Lessee shall provide notice in writing of such Objectionable Interference to Lessor, and Lessor shall cooperate with Lessee in identifying the source of the Objectionable Interference and in causing the responsible party to take such interference shall be disconnected and turned off or immediately removed from reasonable steps necessary to eliminate the Leased Premises. c. Objectionable Interference. In the event Lessorsuch party causing the Objectionable Interference fails to correct such problem and ▇▇▇▇▇▇’s equipment at the Site causes frequency interferencebroadcast continues to be materially affected within thirty (30) days of Lessee notifying Lessor of such problem, Lessee and Lessor agree shall have the right to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of terminate this Lease by written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the to Lessor at any time thereafter unless such Objectionable Interference is eliminated within the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceaforesaid 30-day period.

Appears in 2 contracts

Sources: Lease Agreement, Tower and Studio Lease Agreement

Interference. a. Lessee (a) NBU acknowledges and agrees that it will not permit the installation of any additional antennas or equipment on the Tower or at the Tower Site, or the relocation of any existing antennas or equipment installed on the Tower or at the Tower Site, to install the extent NBU determines in its sole discretion that such installation or relocation would adversely affect COUNTY’s space on the Tower or COUNTY’s operation, use, or enjoyment of its Communications Facility, assuming the use of customary and commercially reasonable practices for wireless communication sites and towers thereon. (b) NBU shall not, and shall cause each Carriers to install) equipment of a type and frequency which will not cause frequency interference with permit any subsequent licensee, lessee, sublessee, or other forms of radio frequency communications existing on Lessor’s property as user of the date of this Lease Tower (collectively, “Other Lessees”), to (i) install or as may be in existence in change, alter or improve the future (so long as reasonably prevalent). All such equipment shall fully comply with all FCCfrequency, FAA, OSHA and other governmental (whether federal, statepower, or countytype of any communications equipment that interferes with the operation of COUNTY’s Communications Facility or is not authorized by, or violates, applicable Laws (hereinafter defined) rules and regulationsor 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. b. (c) In the event Lessee’s of any interference occurring at the Tower Site as a result of any actions of NBU or any Carrier’s equipment causes Other Lessees described in Section (b) above, NBU shall use commercially reasonable efforts to resolve any such interferenceinterference problems, Lessee agrees it will take all steps necessaryincluding, or shall cause all such steps to be madewithout limitation, using its best efforts to correct and eliminate the interference consistent 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 all government rules industry-standard procedures and regulations upon receipt practices. If unreasonable interference is confirmed and such interference cannot be corrected or eliminated within such 48-hour period NBU shall cause any of written notification NBU’s or its Other Lessees’ communications equipment that unreasonably interferes with the operation of COUNTY’s Communications Facility or COUNTY’s authorized frequency spectrum or signal strength, to immediately discontinue the cause of such interference. Lessee , 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 obligated, and shall cause each Carrierturned off. If NBU or any such Other Lessee cannot correct or eliminate, to correct the problem reasonable satisfaction of COUNTY, such interference within two twenty (220) business days of receipt by NBU of written notice from Lessor. If COUNTY, NBU shall or shall cause such Other Lessee to cease the operations of the objectionable communications equipment and to stop providing services from the Tower Site until the interference problems are resolved; provided, however, that if NBU does not timely cease or cause such Other Lessee to cease such operations, COUNTY may elect to terminate this Agreement by written notice to NBU. (d) COUNTY shall not (i) install, change, alter or improve the frequency, power, or type of any communications equipment that interferes with the operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Tower Site or is not corrected within five authorized by, or violates, applicable Laws or is not made or installed in accordance with good engineering practices, or (5ii) business days implement a configuration which interferes with the operation of receipt of notification (NBU’s 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 any pre-existing Other Lessee’s or Carrier’s existing communications equipment causing such interference shall be disconnected and turned off or immediately removed from installed at the Leased PremisesTower Site. c. (e) In the event Lessor’s equipment of any interference occurring at the Tower Site causes frequency interferenceas a result of any action or inaction of COUNTY, Lessee COUNTY shall be responsible for coordinating and Lessor agree to cooperate to take all steps necessary resolving any such interference problems caused by COUNTY, including, without limitation, using its best efforts to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such nonforty-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference.eight

Appears in 2 contracts

Sources: Interlocal Agreement, Interlocal Agreement

Interference. a. Lessee Licensee further agrees that it will supply Licensor with a twenty-four (24) hour contact phone number so that in the event that the Licensee’s equipment interferes with the normal and proper operation of Licensor’s and/or any prior lessee’s facilities on the Property, the Licensee be notified. Licensee agrees to install (and shall cause each Carriers to install) operate only equipment of a type and frequency which will that does not cause frequency interference with to Licensor's or other forms of radio frequency communications existing on Lessor’s property as lessees or licensees of the date Property (“Pre-Existing User”); provided that their installations and use predate that of this Lease or as may be in existence in the future (so long as reasonably prevalent)Licensee's installation. 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 that the Licensee's equipment cause such interference or any Carrier’s equipment permitted subsequent modification or addition causes such interference, Lessee agrees it will take all steps necessary, or Licensee 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 consistent with appropriate government rules and regulations upon receipt of written notification of interference. If the interference from either partyis substantial then Licensee shall have five (5) days to resolve the interference problem. Lessor If the interference is substantial and cannot be resolved within five (5) days, Licensee shall be obligated power down its equipment and/or cease operations in order to respond to the problem of correct and eliminate such interference arising from Lessor’s provided that Licensee may operate its equipment at the Site within two (2) business days of receipt of written notice from Lesseeintermittently during off-peak hours for testing purposes only. If the interference is not corrected substantial, Licensee shall work diligently and take all necessary and appropriate action to cure such interference as promptly as possible without having to power down its equipment unless the interference becomes substantial. Regardless the length of time necessary to cure such interference, Licensee shall not be in default of this provision as long as (a) the interference is not substantial or (b) Licensee remains powered down (except for intermittent testing) while addressing substantial interference. If Licensee determines that it is unable to cure any substantial interference within a period of thirty (30) days, Licensee may, at its sole option, terminate this License. Licensor agrees not to allow any lessee of the Property whose equipment is installed or modified subsequent to Licensee’s then current operation of Licensee's equipment (“Subsequent User”) to interfere with the operation of Licensee. In the event Licensee is subject to any such interference, Licensor shall (or shall cause other Subsequent Users) take all steps necessary to correct and eliminate the interference. If such interference is not eliminated within five (5) business days of after Licensor’s receipt of notification notice of such interference from Licensee, Licensor shall (or shall cause such time as other Subsequent User) cease such Subsequent User’s operations if requested by Licensee until the interference is eliminated. If such Subsequent User is unable to eliminate the interference, or reduce it to a level acceptable to Licensee, within a period of thirty (30) days, then Licensee may, in addition to any other rights it may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days)have, then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference terminate this License. Nothing in this section shall be immediately disconnected and turned off deemed or removed interpreted to authorize Licensee to illegally transmit on any frequencies or to provide any protection to Licensee from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that interference from any other person in the event its determined that Licensee is operating on any unlicensed frequency spectrum. Licensor shall impose upon future lessees of the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation Property a similar duty to replace the unlicensed spectrum refrain from interfering with a licensed spectrum to correct the interferenceLicensee.

Appears in 1 contract

Sources: Lease Agreement

Interference. a. Lessee 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 (“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 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 the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the Building and/or its occupants. The operation of the Dish shall not interfere with radio or telecommunication equipment installed by telecommunication service providers at the Building prior to the Dish Commencement Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any such interference. Tenant agrees to install cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours of receipt of notice from Existing Licensees of such interference and shall cause each Carriers to install) equipment of a type and frequency which will not cause frequency continue to cease all operations until the interference with other forms of radio frequency communications existing on Lessor’s property as has been corrected to the sole satisfaction of the date of this Lease or as Landlord. If such interference has not been corrected within thirty (30) days, Landlord may be in existence in require Tenant to remove the future (so long as reasonably prevalent)specific items from the Dish causing such interference. All such equipment operations by Tenant shall fully comply be lawful and in compliance with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) FCC rules and regulations. b. In the event Lessee’s or any Carrier’s equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. Lessee Tenant 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 responsible for all costs associated 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 any tests deemed necessary to correct resolve any and eliminate the all interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference which Landlord determines or reasonably believes is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is being caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceDish or Tenant’s use thereof.

Appears in 1 contract

Sources: Office Lease (Akorn Inc)

Interference. a. (a) Lessor or its designated representative shall have the sole right during the term of this Agreement, upon prior written notice to Lessee, to require Lessee agrees to install (and shall cause each Carriers take whatever action is reasonably necessary to install) eliminate, to Lessor’s satisfaction, any objectionable interference by ▇▇▇▇▇▇'s Equipment with equipment of any other user, lessee or licensee on the Towers. It shall be Lessee's responsibility to operate ▇▇▇▇▇▇'s Equipment in a type and frequency which manner that will not cause frequency interference with other forms of radio frequency communications existing on Lessor’s property as to Lessor or any of the date other existing users of this Lease or as may the Site. (b) All operations by Lessee shall be lawful and in existence in the future (so long as reasonably prevalent). All such equipment shall fully comply compliance with all FCC, FAAor any other federal or state requirements. Lessee’s Equipment will operate under FCC Part 15 rules for unlicensed devices and as such it is subject to causing or receiving interference from other unlicensed Part 15 users. Should Lessor desire to lease Tower space in the future to any other Part 15 user, OSHA and other governmental (whether federalLessor will coordinate with Lessee the use of all Part 15 frequencies on each Tower. The FCC may notify operators of such service to discontinue operation or it may further regulate the use of the Part 15 frequencies. Regulation, stateinterference, or countyan order to discontinue service will cause the Site to be unusable by ▇▇▇▇▇▇. Lessee may cancel this Agreement with sixty (60) rules and regulations. b. In days written notice to Lessor that the event Site has become unusable for Lessee’s or any Carrier’s equipment causes such interference, operation. Lessee agrees it will take all steps necessary, or shall cause all such steps reserves the right to be made, replace Equipment and make changes to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interferenceWireless System as required by its FCC License. Lessee shall be obligated, obtain the required FCC Licenses before any licensed Equipment is put into service. (c) Lessee shall take all reasonable measures and shall cause each Carrier, precautions to correct prevent interference to other systems on the problem Site. ▇▇▇▇▇▇ agrees to respond to complaints of interference reasonably suspected of being produced by its System, within two twenty- four (224) business days hours of receipt of written notice from Lessorsuch complaint. If the ▇▇▇▇▇▇ agrees to promptly remedy such interference and, if necessary, to cease operations until such interference is not corrected within five (5) business days cured. ▇▇▇▇▇▇ agrees to permit Lessor or an engineer 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 ▇▇▇▇▇▇'s choosing to inspect Lessee’s or Carrier’s equipment causing such interference shall be disconnected 's Wireless System and turned off or immediately removed from Equipment to ascertain the Leased Premises. c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee nature 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 extent of the interference from either partycomplained interference. Lessor shall ▇▇▇▇▇▇ agrees not to place or cause to 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)placed, 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 other communications equipment that would substantially supports Lessor’s existing interfere with ▇▇▇▇▇▇'s ability to receive and transmit its signals. Notwithstanding the foregoing, this Agreement between Lessor and Lessee shall not prohibit Lessor from leasing space to other lessees for telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, the Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interferenceuses.

Appears in 1 contract

Sources: Tower Lease Agreement

Interference. a. Lessee (a) Tenant agrees to install (Equipment only of types and shall cause each Carriers to install) equipment of a type and frequency generating frequencies, which will not cause frequency interference with to transmissions, or signals from Landlord and other forms of radio frequency communications existing on Lessor’s property as users of the date of this Lease or Project as may be already in existence in place or may hereafter be placed on the future (so long as reasonably prevalent)Project. All such equipment Tenant shall fully comply not change the frequency range outside of the 1850-1990 MHZ frequency range if it interferes with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. users within the Project. In the event Lessee’s or any Carrier’s equipment that the Equipment causes such interference, Lessee agrees it Tenant will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. 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 consistent with appropriate government rules and regulations upon receipt of written notification of interference. If the interference from either party. Lessor shall cannot be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site eliminated within two (2) business days of 48 hours after receipt of written notice from Lessee. If Landlord to Tenant, Tenant shall disconnect electronic power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) until such interference is corrected, and if such interference is not corrected within five (5) business 30 days of after 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)the written notice, then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed Tenant agrees to remove the Equipment from the Site Project and replaced this Rider shall terminate as if by expiration. (b) Tenant will not permit the Equipment to create discernible adverse affects on any other equipment located on or in the Building, or transmissions or reception of signals of such 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 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 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-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that monetary default cure period set forth in the event its determined that the interference is caused by the unlicensed spectrum being used by the Lessor at the time of execution of this Lease, Landlord shall also have the Lessor shall be under no obligation right to replace terminate this Rider independent of or in connection with the unlicensed spectrum with a licensed spectrum to correct the interferenceLease termination.

Appears in 1 contract

Sources: Office Lease (Mackenzie Investment Management Inc)