1999 036 Ordinance - Laserfiche WebLink

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or remedy on any subsequent occasion or as a waiver of any other right or remedy then or thereafter existing. No failure of either Party to pursue or exercise any of it's powers, rights or remedies or to insist upon strict and exact compliance by the other Party with any agreement, term, covenant, condition, requirement, provision or restriction of this Agreement, and no custom or practice at variance with the terms of this Agreement, shall constitute a waiver by either Party of the right to demand strict and exact compliance with the terms and conditions of this Agreement. 33. QUIET ENJOYMENT. TowerCo shall, subject to the terms and conditions of this Agreement, peaceably and quietly hold and enjoy the Subleased Property of each Site during the Term without hindrance or interruption from AirTouch, so long as TowerCo fully and completely keeps, observes, performs, satisfies and complies with all of the agreements, terms, covenants and conditions, requirements, provisions and restrictions of this Agreement to be kept, observed, performed, satisfied and complied with by TowerCo and pays all Rent and other amounts required to be paid by TowerCo under this Agreement and any other agreements between AirTouch and TowerCo. 34. NO1l~IERGER. There shall be no merger of this Agreement or the subleasehold interest or estate created by this Agreement in any Site with the superior estate held by the Sublessor thereof, by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly, both the subleasehold interest or estate created by this Agreement in any Site and such superior estate; and this Agreement shall not be terminated, in whole or as to any Site, except as expressly provided herein. 35. RECORDING OF SITE DESIGNATION SUPPLEMENT. Upon the execution of this Agreement, AirTouch or any applicable Sublessor may, at its cost and expense (i) cause the Ground Leases or memorandum of Ground Leases for the Sites to be filed in the appropriate County property records, unless such Ground Leases expressly prohibit such recording; and (ii) promptly following the execution of each Site Designation Supplement for any Site, cause such Site Designation Supplement to be filed in the appropriate County property records, unless the applicable Ground Leases with respect to such Sites expressly prohibit recording. 36. COIVIPLIANCE WITH SPECIFIC FCC REGULATIONS. (a) TowerCo understands and acknowledges that Space Subtenants are engaged in the business of operating communications equipment, including, without limitation, Communications Equipment at each Site. The Communications Equipment is subject to the regulations of the FCC, including without limitation regulations regarding exposure by workers and members of the public to the radio frequency emissions generated by AirTouch's Communications Equipment. TowerCo acknowledges that such regulations prescribe the permissible exposure levels to emissions from the Communications Equipment which can generally be met by maintaining safe distances from such Communications Equipment. In order to comply with such regulations, TowerCo shall install, or cause the Space Subtenants to install, at its or their expense, such marking, signage or barriers to restrict access to any Subleased Property of each Site as TowerCo deems necessary in order to comply with the applicable FCC regulations. TowerCo further agrees to post, or to cause the Space Subtenants to post, prominent signage at all points of entry to the Subleased Property of each Site containing instructions as to any potential risk of exposure and methods for minimizing such risk. TowerCo shall cooperate in good faith with AirTouch and any other Sublessor to minimize any confusion or unnecessary duplication that could result in similaz signage being posted with respect to any of such Sublessor's transmission equipment at or near any Site in respect of any Reserved Space on such Site.