1999 036 Ordinance - Laserfiche WebLink

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on the Subleased Property of any Site to install or change, alter or improve the frequency, power, type of its Communications Equipment such that it interferes with or might interfere with the pre-existing operation of AirTouch's Communications Equipment on or about a Site, or is not authorized by Laws or is not made or installed in accordance with good engineering practices. (b) Notwithstanding anything to the contrary in this Agreement, Sublessor shall ensure that the operation of its Communications Equipment is conducted in a manner that does not interfere electrically, or in any other manner whatsoever, with any pre-existing use of equipment of any other Space subtenant or Tower user. Upon notice, Sublessor shall (at its expense) take all actions necessary to eliminate such interference within seventy-two (72) hours after receiving notice from TowerCo or such other Space Subtenant of such interference, up to and including ceasing operations if requested until the interference is eliminated. If Sublessor does not cease such interfering operation within such seventy-two (72) hour period, TowerCo shall have the right, in addition to any other rights that it may have, to enjoin such interference. Sublessor may only operate its Communications Equipment in an interfering manner ~ ~- intermittently and for testing purposes only during off-peak hours during the thirty (30) day period following its receipt of notice of such interference. In the event that Sublessor is unable to operate its Communications Equipment without causing such interference zfter such thirty (30) day period, TowerCo may terminate Sublessor's right to continue to operate such interfering Communications Equipment from the Site and Sublessor's obligation to TowerCo for the Site Maintenance Charge shall terminate as of the effective date of such notice of termination (without affecting TowerCo's rights and obligations under this Agreement with respect to the Subleased Property). (c) Sublessor acknowledges and agrees that TowerCo intends to market and lease to third parties space at the Subleased Property; provided, however, that, TowerCo agrees to cause all Persons whose Communications Equipment is installed or modified subsequent to the date of execution of the applicable Site Designation. Supplement not to interfere with the operation of Sublessor's Communications Equipment as such equipment exists at the tune such other Person installs or modifies its equipment ("Subsequent Use"). In the event Sublessor experiences interference caused by any Subsequent Use, Sublessor shall notify TowerCo of such interference and TowerCo shall (at its cost and expense) take, or cause the interfering party to take, all actions necessary to eliminate such interference within seventy-two (72) hours after receiving notice from Sublessor of such interference, up to and including ceasing operations if requested by Sublessor until the interference is eliminated. If TowerCo does not cease (or cause the cessation of) any interfering operation within such seventy-two (72) hour period, Sublessor shall have the right, in addition to any other rights that it may have, to enjoin such interference. The interfering Party may only operate its Communications Equipment in an interfering manner intermittently and for testing purposes only during off-peak hours during the thirty (30) day period following notice of such interference. In the event that such interfering party is unable to operate its Communications Equipmem without i~erfering after such thirty (30) day period, TowerCo shall terminate such interfering Party's right to operate the interfering Communications Equipment from the Subleased Property. With respect to all Sites; Alphaand/or the Sublessor of such Site shall retain the right of direct enforcement against all Existing Space Subtenants. With respect to New Space Subtenants, TowerCo shall provide in all agreements with. such New Space Subtenants that, with respect to such Sublessor's then-existing Communication Equipment, the~Space Subtenants shall recognize such Sublessor's superior rights and agree that such Sublessor shall be a third party beneficiary with direct rights of enforcement against the Space Subtenant including the right to cause such Space Subtenant to wmply with the provisions of this Section 15(d). As to all Space'Subtenant's agreements and without relieving TowerCo of any of its obligations, responsibilities or liabilities hereunder, such Sublessor may compel such Persons to take such actions as are necessary to ensure such Persons' compliance with this Section 15(d). (d) TowerCo shall, as provided in this Section 15(d), be responsible for ensuring that all Space Subtenants comply with guidelines and procedures for evaluating environmental effects of RF ----__-_-- -- -_ c.,~ .t,. e..t.tv.,~o.l 1?,,,,..e.a.. :.. ,.,..:,.f ...,.n~i;~.,~o .+.;ri. F('(' (1FT Rnilr>tin h5 rnt;tiPrl