02/28/2000 Council Packet - Laserfiche WebLink

Home Search

• 1 intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ( "Leased Premises Area "), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 16. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except (i) to Tenant's parents, affiliates or subsidiaries, (ii) to any successor in Interest of all or substantially all of the assets, stock or business of Tenant to which this Agreement pertains, (iii) to any other entity to which Tenant transfers ownership of, and /or management responsibility for, a majority of its antenna support tower in the market in which the facility is located, or (iv) to any partnership or entity resulting from that certain VoiceStream Agreement between Aerial Communications, Inc. and VoiceStream, which assignment or transfer shall fully release Tenant from any further obligations or liability under the terms of this Agreement commencing on the effective date of the assignment or transfer. A person, association, partnership, corporation or joint -stock company, trust, or other