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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. hi the event that Tenant's cessation of action is material <br />to Tenant's use of the Premises and such cessation frustrates Tenant's use of the Premises, <br />within Tenant's sole discretion, Tenant shall have the immediate right to terminate this <br />Lease for cause and without payment of any early termination fee or other damages. <br />b) With Higher Priority Users and Pre -Existing Tenants. If Tenant's <br />Communications Facility cause impermissible interference with higher priority users as <br />set forth in under Subparagraph 5(a) above or with pre-existing tenants, Tenant shall take <br />all 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 interference, <br />Tenant shall immediately cease operating its Communications Facility and shall not <br />reactivate operation, except intermittent operation for the purpose of testing, until the <br />interference has been eliminated. If the interference cannot be eliminated within 30 days <br />after Tenant received Landlord's written notice, Landlord or Tenant may at their option <br />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, however, that Landlord <br />will use its best efforts to notify other users of interference, and to coordinate elimination <br />of 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 />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 Landlord can <br />perform the necessary interference studies to insure that the modified frequencies will not <br />cause harmful radio interference to other existing Tower leases. Tenant will be required <br />to pay the reasonable costs for said study which will be performed by Landlord's <br />registered professional communications engineer. In the alternative, Tenant may perform <br />the interference studies and submit the results to the Landlord. However, the Landlord, in <br />its sole discretion, shall retain the right provided herein to submit the study results to its <br />registered professional communications engineer for review at Tenant's expense. <br />c) Interference Study - New Occuyants. Upon written notice by Landlord that it has <br />a bona fide request from any other party to lease an area including or in close proximity <br />to the Premises ("Premises Area"), Tenant agrees to provide Landlord, within sixty (60) <br />days, the radio frequencies currently in operation or to be operated in the future of each <br />transmitter and receiver installed and operational by Tenant on the Premises at the time of <br />such request. Landlord shall then have an independent, registered professional engineer <br />of Landlord's choosing perform the necessary interference studies to determine if the new <br />12 <br />121076599v2 752031 <br />61