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03
City of Pleasanton
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CITY CLERK
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2008
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081908
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03
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8/13/2008 3:16:56 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/19/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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(c) "Environmental Laws" shall mean all applicable federal, state and local laws, <br />ordinances, regulations, orders, procedures, policies and directives of every kind and <br />nature whatsoever pertaining to Hazardous Materials in, at, on, under or from the Premises <br />or any portion thereof, and any other matter in the nature thereof arising pursuant to the <br />jurisdiction of any public agency. <br />7.6 Protections Aaainst Interference. Zone 7's use of the Leased Areas, including its <br />Equipment and Antenna, shall not interfere with the operation of any existing or future City <br />or Pleasanton equipment, antenna, structures, facilities on the Property and/or Tower. <br />Likewise, Zone 7's use of the Leased Areas, including its Equipment and Antenna, shall <br />not interfere with the operation of any antennas on the Tower or Property installed prior to <br />Zone 7's occupancy of the Leased Areas. <br />If interference from Zone 7's Equipment and/or Antenna is suspected in violation of this <br />section, then Zone 7 and the City will contract with a mutually agreed upon technical <br />consultant who will provide an independent determination evaluating the interference. If <br />the technical consultant finds after thorough conclusive diagnostics that Zone 7's <br />Equipment, Antenna or transmission from those facilities is interfering with the City's or <br />Pleasanton's equipment or antennas, or the equipment and/antennas of other tenant on <br />the Tower or Property prior to Zone 7's occupancy of the Leased Areas, Zone 7 shall <br />implement a solution in coordination with the City. The City shall have the right to terminate <br />this Lease Agreement upon written notice in the event Zone 7's Antenna or Equipment, or <br />obstacles constructed or operated in the reception or transmission paths of any City <br />equipment and/or antennas by Zone 7 at the Tower Site, incurably interferes with the <br />reception or transmission. <br />Neither the City, nor Pleasanton, shall be liable for any costs incurred by Zone 7 or its <br />employees, agents or designated representatives inthe installation of Zone 7's Equipment <br />or Antenna or the cost for their removal if it is found that the Antenna or Equipment <br />incurably interferes with the reception or transmission of any existing City or Pleasanton <br />equipment on the Tower or Property. Additionally, the costs of the technical consultant <br />shall be borne by Zone 7 if the consultant determines that Zone 7 Equipment and/or <br />Antenna interferes with the reception or transmission by the City, Pleasanton or other <br />tenants on the Tower or Property prior to Zone 7. <br />7.7 Non-Interference by Subseauent Lessees. Any future lease of space on the Tower <br />or the Property which permits the installation of communications equipment, shall be <br />conditioned upon non-interference with Zone 7's Antenna and Equipment. The City and <br />Pleasanton agree to coordinate efficient collocation of any new equipment and antennas <br />and to promptly resolve any interference issues that may arise due to the presence of <br />multiple lessees. In recognition of Zone 7's critical need for a reliable communication <br />system to supply municipal and industrial water, the City and Pleasanton agree to take all <br />reasonable steps to ensure that existing and future lessees will not cause interference with <br />Zone 7's Antenna or Equipment. Further, the City agrees to consider all available actions, <br />including legal proceedings, which may be necessary against subsequent lessees for <br />interference related to the operation of the Equipment and/or Antenna. If interference to <br />Lease Agreement -Zone 7 Page 8 <br />
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