Agenda - Council - 06/10/1997 - Laserfiche WebLink

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JUN-02-1997 18:~6 LEAGUE OF MN CITIES 16. its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. Tenant Interference (a) _~lb_S.tI~l~tl!~. Tenant shall not interfere with Landlord's use of thc Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's usc thereof no later than three business days after receipt of written notice of the interference fi'om Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) __WithHiaher Priofi_ty_Users. If Tgnant's Antenna Facilities cause impermissible interferenc~ wi~ higher priority users as set forth in under Subparagraph 5(a) above or with pre-existing tenants, Tenant shall take all measures necessary to correct an&eliminate'the interfere, ncc. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's writ-ten notice, Landlord ma)' at its option terminate this Lease immediately. (c) Interference Stud)'-.New Occupants. Upon written notice by Landlord that it has a bona fide request from any other parry to ica. se an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord: with.in sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational by Tenant 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 ii' the new applicant's frequencies will cause hamful radio interference to Tenant, Landlord shall require the new applicant to pa)' for such interference studies, un]ess 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 (d) Interference - New Occup_ant~_. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any parry 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 a~rees 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 an)' subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances agains~ 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 10 I I I I I I I I I I I I I