Laserfiche WebLink
11. CoMpliance with Statutes, Regulations, and Approvals. Lessee's use of the Property <br />herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals that <br />may be required by any federal, state or local authority (Engineering study, radio frequency <br />I <br />interference study, etc.). Lessee's Antenna Facilities and any other facilities shall be erected, <br />maintained and operated in accordance with site standards,, state statutes, rules and regulations <br />now in effect or that thereafter may be issued by the FCC and related governing bodies. <br />12. Interference. <br />a), Lessee's installation, operation, and maintenance of its transmission facilities shall not <br />interfere in any way with Owner's Tower operations or other City operations. Lessee <br />agrees to have installed radio equipment of the type and frequency which will not cause <br />measurable interference to the equipment of the Owner or other lessees of the Property <br />existing as of the date this Agreement is executed by the Parties. In the event Lessee's <br />equipment causes such interference, and after Owner has notified Lessee of such <br />interference,, Lessee will take all steps necessary to correct and eliminate the interference. <br />Owner agrees that Owner and any other tenants of the property who currently have or in <br />the future take possession of the Property will be permitted to install only such radio <br />equipment that is of the type and frequency which will not cause measurable interference <br />to the existing equipment of the Lessee. The Parties acknowledge that there will not be an <br />adequate remedy at law for non-compliance with the provisions of this paragraph and <br />therefore,, either Party shall have the right to equitable remedies, such as, without <br />limitation,, injunctive relief and specific performance. <br />b), Notwithstanding anything in this section or this Agreement to the contrary,, the Owner <br />shall not be obligated to take action which would adversely affect the City's public safety <br />communications system. <br />13. Tower Compliance. Owner covenants that it will keep the Tower in good repair as <br />required by all federal,, state,, county and local laws. The Owner shall also comply with all rules and <br />regulations enforced by the Federal Communications Commission with regard to the lighting, <br />marking and painting of towers. If the Owner fails to make such repairs including maintenance the <br />Lessee may make the repairs and the costs thereof shall be payable to the Lessee by the Owner on <br />demand. If the Owner does not make payment to the Lessee within ten (10), days after such <br />demand,, the Lessee shall have the right to deduct the costs of the repairs from the succeeding <br />monthly rental amounts normally due from the Lessee to the Owner. <br />14. Environmental. <br />a), Owner will be responsible for all obligations of compliance with any and all <br />environmental and industrial hygiene laws, including any regulations, guidelines, <br />standards,, or policies of any governmental authorities regulating or imposing standards of <br />liability or standards of conduct with regard to any environmental or industrial hygiene <br />conditions or concerns as may now or at any time hereafter be in effect, that are or were <br />TTM Site: MSP-Z9Z 5 <br />