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REV: 04-01-24 SK <br />interference), or to take other reasonable and appropriate action, until the interference has been <br />corrected. <br />5.2 Licensor shall not alter its existing or contemplated use of the Property in any way <br />which materially interferes with the operations of Licensee. Without limiting the generality of the <br />foregoing, Licensor hereby acknowledges that in the event of any interference with Licensee's <br />Permitted Use as a result of the transmission or reception (or both) of radio, microwave or other <br />telecommunications signals by a future lessee, licensee or occupant of the Property, Licensee's <br />rights hereunder to conduct Licensee's Permitted Use shall be and remain superior to the rights of <br />any such future lessee, licensee or occupant, subject, however, to the provisions of Section 5.3 <br />below. Licensor further acknowledges that interference with Licensee's operations shall cause <br />Licensee to suffer irreparable injury and entitle Licensee, in addition to exercising any other rights <br />hereunder or under applicable law, to seek the immediate enjoinment of such interference against <br />the interfering party. <br />5.3 Licensor reserves the right to license other portions of the Property to other persons <br />during the Term of this License. Accordingly, Licensor agrees that any other person or entity who <br />may install equipment subsequent to the Effective Date in and/or on the Property will be permitted <br />to install only such communications equipment that is of the type and frequency that will not cause <br />any material and adverse interference to Licensee’s Communications Equipment 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 Licensed Area in a manner as to which Licensee or <br />Authorized Sublicensee is not licensed by the FCC at the time of initial installation of <br />Communications Equipment, to the extent such use requires an FCC license to operate, but with <br />respect to which Licensee or Authorized Sublicensee thereafter obtains necessary FCC licensure, <br />Licensee's or Authorized Sublicensee’s right to conduct such particular use shall be subordinate to <br />the use of the Property by Licensor, other licensees or occupants thereof and Licensor shall be <br />under no obligation to exercise the duties concerning interference described above. <br />6. IMPROVEMENTS & UTILITIES. <br />6.1 Prior to installing or allowing any Communications Equipment or any addition, <br />modification, or upgrade to the Communications Equipment (collectively, “Licensee Changes”) <br />to be installed in or on the Licensed Area, Licensee shall submit detailed engineering plans and <br />specifications of the planned installation to Licensor for Licensor's written approval, which <br />approval shall not be unreasonably withheld, delayed or conditioned, except that the City, in its <br />sole discretion may approve or deny any request that requires modifications to existing structures <br />on the Property as of the Effective Date and which shall not be conditioned on an increase in the <br />License Fee (unless Licensee’s proposed modification to the Communications Equipment will <br />expand the footprint of the Licensed Area). Licensee shall comply with the conditions of this <br />Temporary License, which conditions may be amended and provided to Licensee in writing <br />(including the adoption of new reasonable conditions) in response to any plans or specifications <br />submitted pursuant to this Section, except to the extent that the adoption or application of any such <br />condition would result in an unreasonable, discriminatory application of such amended condition <br />ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 6 of 31)