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r <br />misconduct of the Landlord, its employees or agents. If the discontinuance extends for <br />a period greater than three days, either consecutively or cumulatively. Tenant shall have <br />the right to terminate this Lease within its sole discretion. <br />Tenant Interference. <br />(a) With Tower . Tenant shall not interfere with Landlord ’s use of the Tower and <br />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. <br />Higher Priority Users and Pre-Existing Tenants. If Tenant’s Antenna <br />Facilities cause impermissible interference with higher priority users as set forth in under <br />Subparagraph 5(a) above or with pre-existing tenants. Tenant shall take all measures <br />necessary to correct and eliminate the interference. If the interference cannot be <br />ehimnated within 24 hours after receiving Landlord ’s notice of the interference. Tenant <br />shall immediately cease operating its Antenna Facilities and shall not reactivate operation, <br />except intermittent operation for the purpose of testing, until the interference has been <br />eliminated. If the interference cannot be eliminated within 30 days after Tenant received <br />Landlord ’s written notice. Landlord may at its option terminate this Lease immediately. <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, howevei. chat Landlord will <br />use Its best efforts to notify other users of interference, and to coordinate elimination of <br />interference among site users. If Tenant clearly demonstrates the primary cause of the <br />interference to be the property of Landlord or another user. Landlord will notify the other <br />user to eliminate the interference within 24 hours or cease using the equipment causing <br />the interference. <br />^ Pfior to adding additional transmitter or receiver frcquonoics on the premises. <br />notify the Landlord of the modifi ed frcqucnoioG so that the Landlord con <br />perform the iuigcss ^ intcrfcrGnco studies to insure that the modified frcqucnGios will not <br />cause harmful radio interforonc e- to other -existing Premises looses.—Tenant will bo <br />required to pay the reasonabl e costs for said study which will be performed by Landlord ’s <br />registered profcssionol oommuniootions engineer. In the alternative. Tenant may perfor <br />the interference studies and submit thc» ronnltn tn rhA-ricy H?vi>ever, the City, in its sole <br />discretion , shall retain the right provided herein to submit the study results to its <br />registered professional commiinipnfinnn onginnor fnr r»»'ipvi' pt Tenant’s expense. <br />Prior to adding additional frequencies on the Leased Premises, beyond Tenant’s initial <br />frequencies as listed below; <br />082/22148276 1 1/7/97