Prior Users Clause Samples

Prior Users. Not interfere with GoldenState’s operation on the Tower or the operations of any Prior User. In the event the Equipment interferes with the operation of GoldenState’s or a Prior User’s equipment, authorized frequency spectrum or signal strength, User shall or shall ensure that UOC shall, within forty-eight (48) hours of notification, take all steps necessary to eliminate the interference, with the exception of ceasing User’s or UOC’s operations. If User cannot eliminate or resolve such interference within the forty-eight (48) hour period, GoldenState shall have the right to require User turn off the Equipment and only turn on the Equipment during off-peak hours in order to test whether such interference continues or it has been satisfactorily eliminated. In the event that User is unable to resolve or eliminate such interference within thirty (30) days from the initial notification of such interference, using commercially reasonable industry practices, User will immediately remove or cease operations of the objectionable Equipment at User’s sole cost. If User is unable to resolve or eliminate such interference, GoldenState shall have the right to terminate the applicable Site Agreement upon written notice to User. If User is unable to resolve or eliminate such interference after using all reasonable efforts, then User may terminate the applicable Site Agreement upon payment to GoldenState of an amount equal to the Base Rent due to GoldenState for the remainder of the Initial Term or applicable Renewal Term, discounted by an annual percentage rate equal to ten percent (10%), within thirty (30) days of receipt of notice of such termination by GoldenState. Such termination will release both parties from all liabilities, except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations and any other obligation arising prior to the date of termination. Notwithstanding anything to the contrary, nothing in this Section 12(b) shall be deemed or interpreted to authorize User or UOC to illegally transmit on any frequency, to transmit on a channel or frequency not specified in the individual Site Agreement, to operate at variance from the specifications in its FCC license or the FCC’s rules governing User’s and UOC’s operation of the Equipment, or to provide any protection to User or UOC from interference from parties who are not users of the Towers. In the event that any of User’s or UOC’s operations from a Site are gover...