RF Emissions. (a) COUNTY shall have the right to place electromagnetic energy warning signs on or about the Leased Property and proximate to its Communications Facility and equipment and to restrict access to its Communications Facility so long as NBU’s and Other Lessees’ designated representatives are not prohibited from access to the Tower Site and the Surrounding Property and such warning signs are in compliance with applicable law. (b) NBU shall use commercially reasonable diligence to, and shall take commercially reasonable steps to attempt to require each Other Lessee to, operate their respective equipment, if applicable, in compliance with all laws and regulations governing radio frequency energy emissions (the “RF Emissions Regulations”). NBU agrees that it shall use commercially reasonable diligence, and shall take commercially reasonable steps to attempt to require all Other Lessee’s that locate and operate transmitting equipment at the Tower Site to agree that, if the Tower Site fails to meet the RF Emissions Regulations, or would fail by the addition or modification of the equipment at the Tower Site, to comply with the RF Emissions Regulations at any time during the term of this Agreement, then the Other Lessee at the Tower Site causing or who would cause such failure, shall promptly take commercially reasonable steps to bring the Tower Site into compliance, including preparation and filing of any required environmental assessments and modifications of its equipment.
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Sources: Interlocal Agreement, Interlocal Agreement