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<br />operation of the suspect equipment until the interference problem is corrected. If <br /> <br />interference problems cannot be resolved or corrected within a reasonable time, the new <br /> <br />use that is causing the interference may be terminated and the equipment removed as set <br /> <br />forth herein. <br /> <br />(c) If interference from Lessee's equipment is suspected to be in <br /> <br />violation of this section, then Lessee will contract with a technical consultant approved <br /> <br />by Lessor who will provide an independent determination regarding interference issues. <br /> <br />If the technical consultant finds after thorough conclusive diagnostics that Lessee's <br /> <br />equipment is interfering with Lessor's equipment or antennae, or the equipment <br /> <br />and/antennae of other tenants located on the Property, including but not limited to such <br /> <br />equipment located on the PG&E tower located on the Property, whose equipment was <br /> <br />installed prior to Lessee's, Lessee shall suspend its operations immediately until the <br /> <br />interference can be resolved. Lessee shall have the right to terminate this Lease in the <br /> <br />event Lessee's equipment, incurably interferes with the transmission paths of any Lessor <br /> <br />equipment. Upon termination, Lessee shall have 30 days to remove its equipment from <br /> <br />. the Site whereupon it will be reimbursed by Lessor for any pre-paid rent that remains <br /> <br />unused as of the effective date of termination. <br /> <br />(d) Lessor shall not be liable for any cost~ incurred by Lessee or its <br /> <br />employees, agents or designated representatives in the installation of Lessee's equipment <br /> <br />or for the cost for its removal if it is found that such equipment incurably interferes with <br /> <br />the reception or transmission of any existing Lessor equipment or antelmae or the <br /> <br />equipment and antennae of other tenants on the PG&E Tower or Property whose <br /> <br />equipment was installed prior to Lessee's. <br /> <br />ATIY/AGR/2008.044 Lease Agreement T-MobiJe <br />121908 <br /> <br />8 <br />