Laserfiche WebLink
MIN NAVARRE <br />public health and/or safety (except for any issues associated with human exposure to <br />radio frequency emissions, which is regulated by the federal government), Landlord may <br />order Tenant to discontinue its operation. Tenant shall immediately comply with such an <br />order. Service shall be discontinued only for the period that the immediate threat exists. <br />If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as <br />possible after its action and give its reason, for taking the action. Landlord shall not be <br />liable to Tenant or any other party for any interruption in Tenant's service or interference <br />with Tenant's operation of its Communications Facilities, except as may be caused by the <br />willful misconduct of the Landlord, its employees or agents. If the discontinuance <br />extends for a period greater than three days, either consecutively or cumulatively, Tenant <br />shall have the right to terminate this Lease within its sole discretion for cause and without <br />payment of any early termination fee or other damages. <br />16. Tenant Interference. <br />a) With Structure. 'Tenant shall not interfere with Landlord's use of the Structure <br />and agrees to cease all such actions which unreasonably and materially interfere with <br />Landlord's use thereof no later than three business days after receipt of written notice of <br />the interference from Landlord, In the event that Tenant's cessation of action is material <br />to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the <br />Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right <br />to terminate this Lease for cause and without payment of any early termination fee or <br />other damages. <br />b) With Higher Priority Users and Pre-Existing Tenants. If Tenant's <br />Communications Facilities cause impermissible interference with higher priority <br />users as set forth in under Subparagraph 5(a) above or with pre-existing tenants, <br />Tenant shall take all measures necessary to correct and eliminate the interference. <br />If the interference cannot be eliminated within 24 hours after receiving Landlord's <br />notice of the interference, Tenant shall immediately cease operating <br />Communications Facilities and shall not reactivate operation, except intermittent <br />operation for the purpose of testing, until the interference has been eliminated. If <br />the interference cannot be eliminated within 30 days after Tenant received <br />Landlord's written notice, Landlord or Tenant may at its option terminate this <br />Lease immediately. <br />It is further agreed that the Landlord in no way guarantees to Tenant <br />noninterference to the operation of Tenant's equipment; provided, however, that <br />Landlord will use its best efforts to notify other users of interference, and to <br />coordinate elimination of interference among site users. If Tenant clearly <br />demonstrates the primary cause of the interference to be the property of Landlord <br />or another user, Landlord will notify the other user to eliminate the interference <br />within 24 hours or cease using the equipment causing the interference. <br />Prior to adding additional transmitter or receiver frequencies on the premises, <br />Tenant agrees to notify the Landlord of the modified frequencies so that the <br />Landlord can perform the necessary interference studies to insure that the <br />385866/3 12