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on the date this Agreement is fully executed ("Pre-Existing Communications"), or public <br /> safety communication operations, as may be upgraded periodically, and LESSEE's <br /> Facilities shall comply with all non-interference rules of the Federal Communications <br /> Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the <br /> Property in any way, which interferes with LESSEE'S use of the Premises or encroaches <br /> upon the Premises. In addition to any other rights LESSEE may have hereunder, <br /> LESSEE shall have the right to bring legal action to enjoin such interference against the <br /> party causing any alleged interference and/or immediately terminate this Agreement. <br /> Notwithstanding the foregoing, Pre-Existing Communications operating in the same <br /> manner as on the date this Agreement is fully executed shall not be deemed interference. <br /> LESSOR shall require any future tenants, assignees, licensees, or occupants using any <br /> portion of the Property for the operation of mobile/wireless or radio communications <br /> facilities to comply with the provisions of this Section and shall obtain LESSEE'S written <br /> consent prior to allowing such use of the Property, which such consent shall not be <br /> unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be <br /> withheld if interference with LESSEE's transmissions, receptions, operations, or use of <br /> frequency will result due to such use, whether or not such interference is with LESSEE's <br /> frequencies or otherwise. The City Manager shall determine whether consent is <br /> unreasonably withheld and may require LESSEE to consent subject to the above <br /> conditions. <br /> In the event of any interference with LESSOR's public safety communications <br /> operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the <br /> interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE <br /> cease operating LESSEE's Facilities (except for intermittent testing to determine the <br /> source of the interference) until LESSEE is able to recommence operations without <br /> causing such interference. If LESSEE'S Facilities interfere with LESSOR'S public safety <br /> communications operations during an emergency, LESSOR may require that LESSEE <br /> immediately cease operating LESSEE'S Facilities and if LESSEE fails to do so, LESSOR <br /> has the right to shutdown the electricity supply to LESSEE'S Facilities. LESSEE shall <br /> reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any <br /> interference with LESSOR'S public safety communications operations caused by <br /> LESSEE's Facilities. <br /> 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or <br /> earlier termination of the Agreement, shall, within ninety (90) days, remove all of <br /> LESSEE's fixtures and all personal property and otherwise restore the Premises <br /> substantially to its original condition, at LESSEE's sole expense, reasonable wear and <br /> tear, and casualty excepted. Underground conduits, foundations and equipment/storage <br /> buildings may remain at LESSOR'S option. LESSOR agrees and acknowledges that all <br /> of the equipment, fixtures and personal property of LESSEE shall remain the personal <br /> property of LESSEE and LESSEE shall have the right to remove the same, whether or <br /> not said items are considered fixtures and attachments to real property under applicable <br /> law. If such time for removal causes LESSEE to remain on the Premises past the <br /> aforementioned ninety (90) day period after the expiration or earlier termination of this <br /> Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing <br /> 6 <br /> <br /> Rosita Park <br /> 25B-8 <br /> <br />