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Agmt19 New Cingular Wireless PCS, LLC
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Agmt19 New Cingular Wireless PCS, LLC
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Last modified
2/4/2019 8:29:27 AM
Creation date
2/4/2019 8:23:54 AM
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Agreement
Contractor Name
New Cingular Wireless PCS, LLC
PROJECT NAME
Wireless communications site llicense agreement
RMP File Number
304
Date
2/1/2019
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Licensee under this License. Licensor will cause such interference to cease within fourteen (14) <br />days after receipt of notice of interference from Licensee. In the event any such interference <br />does not cease within the aforementioned cure period, Licensor shall cease all operations which <br />are suspected of causing interference (except for intermittent testing to determine the cause of <br />such interference) until the interference has been corrected. Notwithstanding the foregoing, if <br />such interference is caused by Licensor's equipment which is essential to Licensor's paramount <br />purpose of operating the Property as a water storage facility, then Licensor shall not be required <br />to cure such interference as required pursuant to this Section 5.2; provided, however, that in such <br />event, Licensee shall have the right to immediately terminate this License without penalty or <br />liability in Licensee's sole discretion. For the purposes of this License, "interference" may <br />include, but is not limited to, any use on the Property that causes material and adverse electronic <br />or physical obstruction with, or degradation of, the communications signals from Licensee's <br />Facilities. <br />5.3 Licensor reserves the right to license other portions of the Property to other <br />persons during the Term of this License. Accordingly, Licensor agrees that any other person or <br />entity who may install equipment subsequent to the Effective Date in and/or on the Property will <br />be permitted to install only such communications equipment that is of the type and frequency <br />that will not cause any material and adverse interference to Licensee's Facilities or those of pre- <br />existing Authorized Sublicensees. To the extent that Licensee's operations or those of Authorized <br />Sublicensees are not within the parameters of its FCC license, this protection from co -located <br />interference will not be applicable, but it shall be applicable with respect to those operations, or <br />portions thereof, falling within the FCC license parameters. In the event that Licensee or any <br />Authorized Sublicensee commences to use the Premises in a manner as to which Licensee or <br />Authorized Sublicensee is not licensed by the FCC at the time of initial installation of Facilities, <br />to the extent such use requires an FCC license to operate, but with respect to which Licensee or <br />Authorized Sublicensee thereafter obtains necessary FCC licensure, Licensee's or Authorized <br />Sublicensee's right to conduct such particular use shall be subordinate to the use of the Property <br />by Licensor, other licensees or occupants thereof existing on or before the date on which <br />Licensee or Authorized Sublicensee commences such use, and Licensor shall be under no <br />obligation to exercise the duties concerning interference described above. <br />6. IMPROVEMENTS & UTILITIES. <br />6.1 Prior to installing or allowing any Facilities to be installed in or on the Premises, <br />Licensee shall submit detailed engineering plans and specifications of the planned installation to <br />Licensor for Licensor's written approval, which approval shall not be unreasonably withheld, <br />delayed or conditioned. Notwithstanding the foregoing, in no event shall Licensee be required to <br />obtain Licensor's approval for any addition, modification or upgrade to the Facilities <br />(collectively, "Licensee Changes") within the interior of the Building licensed to Licensee, <br />provided, however, Licensee shall notify Licensor of any such Licensee Changes within the <br />Building. Licensee shall comply with the conditions of this License, which conditions may be <br />amended (including the adoption of new reasonable conditions) in response to any plans or <br />specifications submitted pursuant to this Section, except to the extent that the adoption or <br />application of any such condition would result in an unreasonable, discriminatory application of <br />such amended condition vis -i -vis other similarly situated third parties at the Property. Licensor's <br />review of Licensee's plans shall include, without limitation, a review of the appearance of the <br />REV: 11-14-18 DZ <br />Page 8 of 35 <br />ATTY/AGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License <br />Agreement 555 California Way <br />
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