05-10-2021 Council Packet - Laserfiche WebLink

Home Browse Search

MIN NAVARRE modified frequencies will not cause harmful radio interference to other existing Tower leases. Tenant will be required to pay the reasonable costs for said study which will be performed by Landlord's registered professional communications engineer. In the alternative, Tenant may perform the interference studies and submit the results to the City. However, the City, in its sole discretion, shall retain the right provided herein to submit the study results to its registered professional communications engineer for review at Tenant's expense. c) Interference Study—New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty(60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational by Tenant on the Leased Premises at the time of such request. Landlord shall then have an independent, registered professional engineer of Landlord's choosing,perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other Tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Communications Facilities. Landlord agrees further that any future lease of the Property will prohibit a user of equal or lower priority from interfering with Tenant's Communications Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference, Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. If Tenant terminates this Lease because of such interference, Landlord shall reimburse all prepaid rent covering the period subsequent to the date of termination. 17. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Lease or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing Agreement upon written notice to Landlord, subject to the assignee assuming all of Tenant's obligations herein, including but not limited to, those set forth above. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant 385866/3 13