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2000-03824 Ltrs
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2000-03824 Ltrs
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Last modified
1/29/2011 8:45:29 AM
Creation date
12/6/2010 8:22:56 AM
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Template:
PW_Contract
COE_Contract_Number
2000-03824
PW_Document_Type_Contract
Correspondence
Organization
Chambers Communications
PW_Department
Public Works
Contract_Administrator
Aanderud
Contract_Manager
Lynn Reeves
External_View
No
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6. Interference. <br />6.1 Obligations and Remedies. The Sublessee must at all times comply with all <br />applicable orders, rules and regulations of the Federal Communications Commission and with sound <br />electronic and engineering practices. The Sublessee agrees to use equipment of a type and <br />frequency which will not cause interference with the signal or equipment of either of the Sublessors. <br />If the Sublessee's signal or equipment interferes with any such signal or equipment of the <br />Sublessors, the Sublessee must immediately take all steps necessary to correct or eliminate such <br />interference, or if such interference cannot be corrected within a reasonable period of time specified <br />by the Sublessors, the Sublessee must cease operation of its equipment until the interference can <br />be corrected or eliminated,, at which time it may renew operation of its equipment. If the Sublessee <br />fails or refuses to cease operation of its equipment, the Sublessors, or either of them, have the right <br />to take such action as the Sublessors or either of them deems necessary in order to terminate <br />operation of the Sublessee's equipment. If any person or entity whom the Sublessors have permitted <br />to use or broadcast from the Property after the date of this Sublease interferes with the Sublessee's <br />signal or equipment, the Sublessors will take reasonable steps to cause the person or entity causing <br />the interference to correct the interference, and if such interference is not corrected to the <br />Sublessee's reasonable satisfaction within 30 days after the Sublessors are informed in writing by <br />the Sublessee of such interference, then the Sublessors shall require the other user to cease the <br />activity which is causing the interference until the interference can be corrected or eliminated. <br />6.2 Disputes and Indemnity. In the event of any dispute as to any matter or <br />determination of interference under this section, the decision of an independent, qualified engineer <br />retained by the Sublessors will be conclusive absent fraud or obvious mistake. The Sublessee must <br />hold harmless, defend, and indemnify the Sublessors for any loss, cost, or expense of any nature, <br />however, asserted, or arising out of or claimed to arise out of any degradation of any signal or <br />interference with any signal from the Sublessee's equipment, except for any loss, cost or expense <br />caused by intentional wrongdoing or negligence by the Sublessor who would otherwise be entitled <br />to indemnity. <br />7. Hazardous Materials. The Sublessee may use or otherwise handle on the Premises <br />hazardous substances required by the Sublessee's use and service of the Subtenant's Transmission <br />Facilities, including without limitation diesel or other fuels for generators, antifreeze, lubricating <br />oils, and coolants of all types. Sublessee may only use hazardous substances on the Premises in a <br />prudent and safe manner and may store such hazardous substances on the Premises only in quantities <br />necessary to satisfy Sublessee's anticipated needs. The Sublessee must comply with all <br />environmental laws and exercise reasonable care in the use, handling, and storage of hazardous <br />substances and must take all practical measures to minimize the quantity and toxicity of hazardous <br />substances used, handled, or stored on the Premises. Upon the expiration or termination of this <br />sublease, the Sublessee must remove all hazardous substances from the Premises placed or released <br />by the Sublessee. The term "environmental law" means any federal, state, or local statute, <br />regulation, or ordinance or any judicial or other governmental order pertaining to the protection of <br />6 - Tower Sublease <br />NAK - O\KEZI, Inc. 09075\Tower Lease 9075-13\Documents\wicks.towersublease.100699 <br />
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