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<br />has personally inspected the Leased Premises, knows their condition, finds them fit for <br /> <br />Lessee's intended use, accepts them as is, and has ascertained that they can be used for <br /> <br />the limited purposes specified in Paragraph 4.01. <br /> <br />4.06 Protection Against Interference. <br /> <br />(a) Lessor reserves the right to enter into a lease agreement with any <br /> <br />third party for the use and occupancy of the Site, excluding the Leased Premises. Lessor <br /> <br />agrees that it will not grant a lease, license, or other rights to any party for use of the Site <br /> <br />if such use would interfere with Lessee's operation of the Leased Premises. Any future <br /> <br />agreements for use of the Site which permit the installation of communications <br /> <br />equipment shall be conditioned upon such users not interfering with Lessee's operation of <br /> <br />the Leased Premises. <br /> <br />(b) Lessee's use of the License Area shall not interfere with the <br /> <br />operation of any existing or future City owned and operated equipment, antenna, <br /> <br />structures or facilities on the Property. Likewise, Lessee's use of the License Area shall <br /> <br />not interfere with the operation of any existing antennae on the PG&E Tower or Property <br /> <br />prior to commencement of Lessee's operations thereon. The responsibility for correcting <br /> <br />interference problems is a matter for resolution between the Lessee, the user causing the <br /> <br />interference, and the affected party(ies). Generally, the first users on a site have seniority <br /> <br />with respect to the resolution of interference complaints. Senior holders have an <br /> <br />obligation to maintain their equipment to industry standards, to operate their systems in <br /> <br />accordance with the terms of both the FCC license and NTINIRAC frequency <br /> <br />authorization~ and to comply with the City authorization. New users on the site must <br /> <br />correct, at their expense, interference problems that they create. They shall cease <br /> <br />ATrY/AGR/2008.044 Lease Agreement T.Mobile <br />121908 7 <br />