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11-10-1997 Council Packet
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11-10-1997 Council Packet
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radio frequency omissions, which is regulated by the federal government). Landlord <br />may order tenant to discontinue its operation. Tenant shall inunediately comply with <br />such an order. Service shall be discontinued only for the period that the immediate <br />threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify <br />Tenant as soon as pos ible after its action and give its reason for taking the action. <br />Landlord shall not be liable to Tenant or any other party for any interruption in <br />Tenant ’s service or interference with Tenant ’s operation of its Antenna Facilities, <br />except as may be caused by the willful misconduc* • f the Landlord, its employees or <br />agents. If the discontinuance extends for a period g: • Jer than three days, either <br />consecutively or cumulatively. Tenant shall have the nti.t to terminate this Lease <br />within its sole discretion and Tenant shall be entitled ii, reimbursement of all prepaid <br />rent covering the period subsequent to the date of termination. <br />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 <br />of the interference from Landlord. In the event ^hat Tenant ’s cessation of action is <br />material to Tenant ’s use of the Leased Premises and such cessation frustrates Tenant ’s <br />use of the Leased Premises, within Tenant ’s sole discretion, Tenant shall have the <br />immediate right to terminate this Lease and Landlord shall reimburse all prepaid rent <br />covering the period subsequent to the date of termination. <br />(b) With Higher Priority Users and Pre-Existing Tenants . If Tenant ’s Antenna <br />Facilities cause impermissible interference with higher priority users as set forth in <br />under Subparagraph 5(a) above or with pre-existing tenants. Tenant shall take all <br />measures necessary to correct and eliminate the interference. If the interference <br />cannot be eliminated within 24 hours after receiving Landlord ’s notice of the <br />interference. Tenant shall immediately cease operating its Antenna Facilities and shall <br />not reactivate operation, except intermittent operation for the purpose of testing, until <br />the interference has been eliminated. If the interference cannot be eliminated within <br />30 days after Tenant received Landlord ’s written notice, Landlord may at its option <br />terminate this Lease immediately and Landlord shall reimburse all prepaid rent <br />covering the period subsequent to the date of termination.. <br />It is further agreed that the Landlord in no way guarantees to Tenant non <br />interference to the operation of Tenant ’s equipment; provided, however, that Landlord <br />will use its best efforts to notify other users of interference, and to coordinate <br />elimination of interference among site users. If Tenant clearly demonstrates the <br />primary cause of the interference to be the property of Landlord or another user. <br />Landlord will notify the other user to eliminate the interference within 24 hours or <br />cease using the equipment causing the interference. <br />082/22147604 11/7/97
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