Subsequent User definition
Examples of Subsequent User in a sentence
BellSouth and User acknowledge that User, BellSouth, Prior Users and Subsequent Users may each use diesel fuel and batteries in appropriate small quantities from time to time to operate emergency back-up generators provided that the transportation, delivery, storage, use and disposal by User, BellSouth, a Prior User, or a Subsequent User, as the case may be, is in compliance with all federal, state and local laws, regulations and orders.
Upon the request of Licensee, Licensor hereby covenants to take commercially reasonable efforts to prohibit a Subsequent User from causing Interference with the operations of Licensee to the extent Licensee is a Priority User pursuant this Section 11.
In the event that such interference cannot be eliminated or rectified to Tenant's personal satisfaction within five (5) business days of the receipt of notice by Owner from Tenant of the existence of interference ("Notice Date"), Owner shall require the Subsequent User which is believed to be causing the interference to disconnect utility service to their equipment until such time as the interference can be eliminated or rectified to the personal satisfaction of Tenant.
If the Subsequent User cannot eliminate or resolve such interference within the forty-eight (48) hour period, BellSouth shall take all steps reasonably necessary to require that the Subsequent User turn off its facilities and only turn on its facilities during off-peak hours specified by BellSouth in order to test whether such interference continues or it has been satisfactorily eliminated.
If said interference cannot be eliminated or rectified to Tenant's personal satisfaction within sixty (60) days of the Notice Date, Owner shall at the request of Tenant require the Subsequent User which is causing the interference to immediately remove its equipment from the Tower and the Site or Tenant may at the sole discretion and option of Tenant, terminate this Agreement upon notice to Owner.
Upon the request of Licensee, Licensor hereby covenants to take commercially reasonable efforts to prohibit a Subsequent User from causing Interference with the operations of Licensee to the extent Licensee is a Priority User pursuant this section 11.
Notwithstanding the foregoing, if the Subsequent User is a governmental entity, BellSouth shall have the right to give the governmental entity five (5) business days notice prior to BellSouth being required to take any actions required by this Section 14(e) to cure such interference.
For purposes hereof, a "Subsequent User" shall mean any other user of the Tower that submits to BellSouth a site application for the use of such Tower after the submission of User's Site Application for such Tower.
In the event that the Subsequent User is unable to resolve or eliminate, to the satisfaction of BellSouth, such interference within thirty (30) days from the initial notification of such interference, the Subsequent User will immediately remove or cease operations of the objectionable facilities.
In the event BellSouth determines, in its sole discretion based on standard and accepted engineering practices, that the Subsequent User is interfering with the operation of User's equipment, authorized frequency spectrum, signal strength or Facilities, BellSouth shall, within forty-eight (48) hours of notification, take all steps reasonably necessary to eliminate the interference, with the exception of ceasing the Subsequent User's operations.