Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment of the Building by the Licensor, or Building tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement. 27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1. 27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.
Appears in 3 contracts
Sources: Telecommunication and Building Access License, Telecommunications, Telecommunications
Interference. 27.1 The Licensee Equipment and the LICENSEE agrees to install equipment of those who the Licensee controls type and frequency which will not cause harmful interference which is responsible for at law, shall not interfere measurable in accordance with the use and enjoyment then-existing industry standards to any equipment of CITY or other permitted users of the Building Property which existed on the Property prior to the date this Agreement is executed by the Licensor, or Building tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interferenceParties. In the event the Licensor fails any after-installed Communications Facility causes such interference, and after CITY has notified LICENSEE in writing of such interference, LICENSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct equipment and later powering up such interference forthwithequipment for intermittent testing. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1.
27.3 In the no event interference is caused by a party to this License the party which did not cause the interference shall will CITY be entitled to recover terminate a Permit or relocate the cost equipment as long as LICENSEE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to LICENSEE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide LICENSEE no less than thirty (30) days of detection and rectification any planned or routine maintenance of traffic control devices located where LICENSEE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference from which is measurable in accordance with then-existing industry standards to the other partythen-existing equipment of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
Appears in 3 contracts
Sources: Master Right of Way License Agreement, Master Right of Way License Agreement, Master Right of Way License Agreement
Interference. 27.1 The Licensee Equipment a. Lessee agrees to install (and the shall cause each Carriers to install) equipment of those who the Licensee controls a type and is responsible for at law, shall frequency which will not interfere cause frequency interference with the use and enjoyment other forms of radio frequency communications existing on Lessor’s property as of the Building by date of this Lease or as may be in existence in the Licensorfuture (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or Building tenants county) rules and regulations.
b. In the event Lessee’s or occupants. If any Carrier’s equipment causes such interference interference, Lessee agrees it will take all steps necessary, or shall occurcause all such steps to be made, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct and eliminate the same, forthwith after interference consistent with all government rules and regulations upon receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature written notification of the interference. At expiry Lessee shall be obligated, and shall cause each Carrier, to correct the problem of such cure period, the Licensee shall either have interference within two (a2) cured or commenced to cure said interference and communicated such action or intended course business days of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interferencereceipt of written notice from Lessor. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts within five (5) business days of the Licensorreceipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), the resolution of such Lessee’s or Carrier’s equipment causing such interference shall be determined pursuant to Section 29.1disconnected and turned off or immediately removed from the Leased Premises.
27.3 c. In the event Lessor’s equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor’s equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor’s sole cost and expense, Lessor’s equipment causing such interference shall be immediately disconnected and turned off or removed from the Site and replaced with such non-interfering equipment that substantially supports Lessor’s existing telecommunications use at the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by a party to the unlicensed spectrum being used by the Lessor at the time of execution of this License Lease, the party which did not cause the interference Lessor shall be entitled under no obligation to recover replace the cost of detection and rectification of unlicensed spectrum with a licensed spectrum to correct the interference from the other partyinterference.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Interference. 27.1 The Licensee (a) Lessee’s operation of Lessee’s Equipment shall not knowingly cause any harmful interference with the signal of any user of Lessor’s Property and/or other existing transmitter/receiver for two-way channels, television, radio or microwave utilization, whether on or off the Premises or the Property or whether transmitted or received by Lessor or Lessor’s other lessees or licensees. Furthermore, ▇▇▇▇▇▇ agrees that any interference with the existing signal of any other transmitter/receiver caused by the operation of Lessee’s Equipment shall be the responsibility of Lessee to immediately correct and eliminate. Should Lessee fail to immediately correct any such interference within forty-eight (48) hours of receipt of notice by Lessor of such interference, then Lessor may, at its option, enter the Premises, correct such interference and invoice the costs of such correction to Lessee, which invoice shall be payable within ten (10) days of receipt of notice by ▇▇▇▇▇▇. If Lessor does not exercise its option to correct the interference and if ▇▇▇▇▇▇ fails to correct the interference within thirty (30) days of receipt of Lessor’s notification of the same, Lessor shall have the option to terminate this Lease and thereafter shall have no further obligations to Lessee.
(b) Lessor shall use all reasonable efforts to ensure that other tenants on the Tower do not cause interference to the operation of Lessee’s Equipment, to the extent the equipment of those who such other tenants was installed subsequent to the Licensee controls installation of Lessee’s Equipment (“Objectionable Interference”). Should Objectionable Interference be experienced by ▇▇▇▇▇▇, Lessee shall provide notice in writing of such Objectionable Interference to Lessor, and is responsible for at law, Lessor shall not interfere cooperate with Lessee in identifying the use and enjoyment source of the Building by Objectionable Interference and in causing the Licensor, or Building tenants or occupants. If responsible party to take such interference shall occur, reasonable steps necessary to eliminate the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interferenceObjectionable Interference. In the event such party causing the Licensor Objectionable Interference fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall use its best efforts problem and ▇▇▇▇▇▇’s broadcast continues to correct such interference forthwith. If such interference is not corrected after the best efforts be materially affected within thirty (30) days of the Licensor, the resolution Lessee notifying Lessor of such interference problem, Lessee shall be determined pursuant have the right to Section 29.1terminate this Lease by written notice to Lessor at any time thereafter unless such Objectionable Interference is eliminated within the aforesaid 30-day period.
27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.
Appears in 2 contracts
Interference. 27.1 The Licensee Equipment (a) NBU acknowledges and agrees that it will not permit the installation of any additional antennas or equipment on the Tower or at the Tower Site, or the relocation of those who any existing antennas or equipment installed on the Licensee controls Tower or at the Tower Site, to the extent NBU determines in its sole discretion that such installation or relocation would adversely affect COUNTY’s space on the Tower or COUNTY’s operation, use, or enjoyment of its Communications Facility, assuming the use of customary and is responsible commercially reasonable practices for at lawwireless communication sites and towers thereon.
(b) NBU shall not, and shall not interfere permit any subsequent licensee, lessee, sublessee, or other user of the Tower (collectively, “Other Lessees”), to (i) install or change, alter or improve the frequency, power, or type of any communications equipment that interferes with the use and enjoyment operation of the Building by the LicensorCOUNTY’s Communications Facility or is not authorized by, or Building tenants violates, applicable Laws (hereinafter defined) or occupants. If such is not made or installed in accordance with good engineering practices, or (ii) implement a configuration which interferes with the operation of COUNTY’s Communications Facility.
(c) In the event of any interference shall occuroccurring at the Tower Site as a result of any actions of NBU or any Other Lessees described in Section (b) above, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee NBU shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If resolve any such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinproblems, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both partiesincluding, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not interfere with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interference. In the event the Licensor fails to correct such interference after without limitation, using reasonable commercial efforts after written notice, the Licensor shall use its best efforts to correct and eliminate the interference within forty-eight (48) hours of receipt by NBU of notification from COUNTY and, if requested by NBU, COUNTY shall perform at its expense an interference study in accordance with industry-standard procedures and practices. If unreasonable interference is confirmed and such interference forthwithcannot be corrected or eliminated within such 48-hour period NBU shall cause any of NBU’s or its Other Lessees’ communications equipment that unreasonably interferes with the operation of COUNTY’s Communications Facility or COUNTY’s authorized frequency spectrum or signal strength, to immediately discontinue the cause of such interference, including but not limited to, powering down or turning off such equipment, with the right to resume such interference only during off-peak hours specified by COUNTY in order to determine whether such interference continues or has been eliminated; provided, however, that if any interference continues at the time the interfering equipment is powered down, the communications equipment that interferes with the operation of COUNTY’s Communications Facility shall be turned off. If NBU or any such Other Lessee cannot correct or eliminate, to the reasonable satisfaction of COUNTY, such interference within twenty (20) days of receipt by NBU of written notice from COUNTY, NBU shall or shall cause such Other Lessee to cease the operations of the objectionable communications equipment and to stop providing services from the Tower Site until the interference problems are resolved; provided, however, that if NBU does not timely cease or cause such Other Lessee to cease such operations, COUNTY may elect to terminate this Agreement by written notice to NBU.
(d) COUNTY shall not (i) install, change, alter or improve the frequency, power, or type of any communications equipment that interferes with the operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Tower Site or is not corrected after authorized by, or violates, applicable Laws or is not made or installed in accordance with good engineering practices, or (ii) implement a configuration which interferes with the best efforts operation of NBU’s or any pre-existing Other Lessee’s existing communications equipment installed at the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1Tower Site.
27.3 (e) In the event of any interference is occurring at the Tower Site as a result of any action or inaction of COUNTY, COUNTY shall be responsible for coordinating and resolving any such interference problems caused by a party COUNTY, including, without limitation, using its best efforts to this License the party which did not cause correct and eliminate the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.within forty-eight
Appears in 2 contracts
Sources: Interlocal Agreement, Interlocal Agreement
Interference. 27.1 The Licensee Equipment further agrees that it will supply Licensor with a twenty-four (24) hour contact phone number so that in the event that the Licensee’s equipment interferes with the normal and proper operation of Licensor’s and/or any prior lessee’s facilities on the equipment of those who Property, the Licensee controls be notified. Licensee agrees to install and is responsible for at law, shall operate only equipment that does not interfere with the use and enjoyment cause interference to Licensor's or other lessees or licensees of the Building by Property (“Pre-Existing User”); provided that their installations and use predate that of the Licensor, or Building tenants or occupantsLicensee's installation. If In the event that the Licensee's equipment cause such interference shall occuror any permitted subsequent modification or addition causes such interference, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts take all steps necessary to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of and eliminate the interference. At expiry of such cure period, If the interference is substantial then Licensee shall either have five (5) days to resolve the interference problem. If the interference is substantial and cannot be resolved within five (5) days, Licensee shall power down its equipment and/or cease operations in order to correct and eliminate such interference provided that Licensee may operate its equipment intermittently during off-peak hours for testing purposes only. If the interference is not substantial, Licensee shall work diligently and take all necessary and appropriate action to cure such interference as promptly as possible without having to power down its equipment unless the interference becomes substantial. Regardless the length of time necessary to cure such interference, Licensee shall not be in default of this provision as long as (a) cured or commenced to cure said the interference and communicated such action or intended course of action to the Licensor; is not substantial or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such remains powered down (except for intermittent testing) while addressing substantial interference. If such Licensee determines that it is unable to cure any substantial interference can be corrected by within a period of thirty (30) days, Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereinmay, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both partiesat its sole option, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or License. Licensor agrees not to allow any lessee of the tenants Property whose equipment is installed or occupants and anyone in the Building for whom the Licensor controls and is responsible at law shall not modified subsequent to Licensee’s then current operation of Licensee's equipment (“Subsequent User”) to interfere with the provision operation of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated by the nature of the interferenceLicensee. In the event the Licensee is subject to any such interference, Licensor fails shall (or shall cause other Subsequent Users) take all steps necessary to correct such interference after using reasonable commercial efforts after written notice, and eliminate the Licensor shall use its best efforts to correct such interference forthwithinterference. If such interference is not corrected eliminated within five (5) days after the best efforts Licensor’s receipt of the Licensor, the resolution notice of such interference from Licensee, Licensor shall (or shall cause such other Subsequent User) cease such Subsequent User’s operations if requested by Licensee until the interference is eliminated. If such Subsequent User is unable to eliminate the interference, or reduce it to a level acceptable to Licensee, within a period of thirty (30) days, then Licensee may, in addition to any other rights it may have, terminate this License. Nothing in this section shall be determined pursuant deemed or interpreted to Section 29.1.
27.3 In authorize Licensee to illegally transmit on any frequencies or to provide any protection to Licensee from interference from any other person in the event interference that Licensee is caused by a party to this License the party which did not cause the interference operating on any unlicensed frequency spectrum. Licensor shall be entitled to recover the cost of detection and rectification impose upon future lessees of the interference Property a similar duty to refrain from the other partyinterfering with Licensee.
Appears in 1 contract
Sources: Lease Agreement
Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, Tenant shall not interfere use the Roof Area or the Dish in any way that interferes with the use and enjoyment of the Building by the LicensorProperty by: (i) Landlord, or Building (ii) tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt licensees of such notice, within ninety (90) days Landlord leasing or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone licensing space in the Building primarily for whom the Licensor controls same or similar use as a majority of the other tenants or licensees in the Building and which is responsible consistent with the purpose for which the Building is operated (“Building Tenants”), or (iii) tenants or licensees of Landlord who commenced occupancy at law the Building on a date which precedes the Dish Commencement Date, and who are leasing or licensing space from Landlord and using the Property as a communications transmitting or receiving site (“Existing Licensees”). The operation of the Dish shall not interfere with the provision maintenance or operation of Licensee Servicesthe Building, including but not limited to the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the Building and/or its occupants. The operation of the Dish shall not interfere with radio or telecommunication equipment installed by telecommunication service providers at the Building prior to the Dish Commencement Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any such interference. Tenant agrees to cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours of receipt of notice from Existing Licensees of such interference and to continue to cease all operations until the interference has been corrected to the sole satisfaction of the Landlord. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall occur the Licensee be lawful and in compliance with all FCC rules and regulations. Tenant shall give the Licensor written notice thereof be responsible for all costs associated with any tests deemed necessary to resolve any and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated all interference which Landlord determines or reasonably believes is being caused by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall Dish or Tenant’s use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1thereof.
27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.
Appears in 1 contract
Sources: Office Lease (Akorn Inc)
Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, shall not interfere with the use and enjoyment of the Building by the Licensor, or Building tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt of such notice, within ninety (90) days or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced Tenant agrees to cure said install Equipment only of types and generating frequencies, which will not cause interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided hereintransmissions, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any signals from Landlord and other users of the tenants Project as may be already in place or occupants and anyone in may hereafter be placed on the Building for whom the Licensor controls and is responsible at law Project. Tenant shall not interfere change the frequency range outside of the 1850-1990 MHZ frequency range if it interferes with the provision of Licensee Services. If such interference shall occur the Licensee shall give the Licensor written notice thereof and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice other users within the time frame as dictated by the nature of the interferenceProject. In the event that the Licensor fails Equipment causes such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receipt of written notice from Landlord to Tenant, Tenant shall disconnect electronic power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) until such interference after using reasonable commercial efforts after written noticeis corrected, the Licensor shall use its best efforts to correct such interference forthwith. If and if such interference is not corrected within 30 days after the best efforts receipt of the Licensorwritten notice, Tenant agrees to remove the resolution Equipment from the Project and this Rider shall terminate as if by expiration.
(b) Tenant will not permit the Equipment to create discernible adverse affects on any other equipment located on or in the Building, or transmissions or reception of signals of such interference shall other equipment. Tenant and Landlord acknowledge the Equipment emits electromagnetic fields. The guidelines for human exposure to these electromagnetic fields are recommended in "American National Standard Safety Levels with respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 KHZ to 100 ▇▇▇," (▇▇▇▇ ▇▇▇.▇-▇▇▇▇) ▇▇▇ued by the American National Standards Institute and adopted by the Federal Communications Commission, as same may be determined pursuant undated or amended from time to Section 29.1time (the "ANSI Standards"). Tenant agrees to fully comply with the latest adopted edition of the ANSI Standards and any other standards or regulations which may be adopted from time to time by governmental agencies having jurisdiction over the use of the Equipment.
27.3 (c) Landlord shall have no liability for any interference to Tenant's operation of the Equipment caused by a third party. Landlord agrees to use reasonable efforts enforce upon any third party users of the Building roof the similar restrictions regarding interference as set forth in this Paragraph 4, provided that Landlord shall not be obligated to expend funds or institute a lawsuit against such third party user.
(d) In the event interference is caused by a party to this License the party of any default hereunder which did not cause the interference shall be entitled to recover the cost of detection and rectification remains uncured after expiration of the interference from non-monetary default cure period set forth in the other partyLease, Landlord shall also have the right to terminate this Rider independent of or in connection with the Lease termination.
Appears in 1 contract
Interference. 27.1 The Licensee Equipment and the equipment of those who the Licensee controls and is responsible for at law, Tenant shall not interfere use the Roof Area or the Dish in any way that interferes with the use and enjoyment of the Building by the LicensorProperty by: (i) Landlord, or Building (ii) tenants or occupants. If such interference shall occur, the Licensor shall give the Licensee fifteen (15) days written notice thereof and the Licensee shall use commercially reasonable efforts to correct the same, forthwith after receipt licensees of such notice, within ninety (90) days Landlord leasing or the time frame as technically dictated by the nature of the interference. At expiry of such cure period, the Licensee shall either have (a) cured or commenced to cure said interference and communicated such action or intended course of action to the Licensor; or (b) Licensor and Licensee shall discuss commercially reasonable options to remedy such interference. If such interference can be corrected by Licensee as determined by the parties as a result of discussions provided for in 27.1(b) and is not corrected forthwith by the Licensee as provided herein, or if the parties cannot agree on commercially reasonable actions to correct such interference to the satisfaction of both parties, Licensor and/or Licensee may terminate this agreement.
27.2 The Licensor's Building systems or any of the tenants or occupants and anyone licensing space in the Building primarily for whom the Licensor controls same or similar use as a majority of the other tenants or licensees in the Building and which is responsible consistent with the purpose for which the Building is operated ("Existing Tenants") who commenced occupancy at law the Building on a date which precedes the Effective Date, including Existing Tenants who are leasing or licensing space from Landlord and using the Property as a communications transmitting or receiving site. The operation of the Dish shall not interfere with the provision maintenance or operation of Licensee Servicesthe Building, including but not limited to the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other system serving the Building and/or its occupants. The operation of the Dish shall not interfere with radio or telecommunication equipment installed by telecommunication service providers at the Building prior to the Effective Date. Tenant shall indemnify Landlord and hold Landlord harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any such interference. Tenant agrees to cease all operations (except for testing as approved by Landlord) within twenty-four (24) hours of receipt of notice from Existing Tenants of such interference and to continue to cease all operations until the interference has been corrected to the reasonable satisfaction of the Landlord. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the specific items from the Dish causing such interference. All operations by Tenant shall occur the Licensee be lawful and in compliance with all FCC rules and regulations. Tenant shall give the Licensor written notice thereof be responsible for all costs associated with any tests deemed necessary to resolve any and the Licensor shall use commercially reasonable efforts to correct same forthwith after receipt of such notice within the time frame as dictated all interference which Landlord determines or reasonably believes is being caused by the nature of the interference. In the event the Licensor fails to correct such interference after using reasonable commercial efforts after written notice, the Licensor shall Dish or Tenant's use its best efforts to correct such interference forthwith. If such interference is not corrected after the best efforts of the Licensor, the resolution of such interference shall be determined pursuant to Section 29.1thereof.
27.3 In the event interference is caused by a party to this License the party which did not cause the interference shall be entitled to recover the cost of detection and rectification of the interference from the other party.
Appears in 1 contract
Sources: Office Lease (One)