LANDLORD OR TENANTS OF THE BUILDING.
IN THE EVENT
TENANT'S EQUIPMENT CAUSES SUCH INTERFERENCE, TENANT WILL CHANGE THE FREQUENCY ON
WHICH IT TRANSMITS AND/OR RECEIVES AND TAKE ANY OTHER STEPS NECESSARY TO
ELIMINATE THE INTERFERENCE.
IF SAID INTERFERENCE CANNOT BE ELIMINATED WITHIN A
REASONABLE PERIOD OF TIME, IN THE JUDGMENT OF LANDLORD, THEN TENANT AGREES TO
CEASE OPERATION OF THE DISHES/ANTENNAE UNTIL SAID INTERFERENCE IS ELIMINATED.
LANDLORD AGREES TO TAKE ALL REASONABLE STEPS TO PREVENT OTHER TENANTS FROM
SUBSEQUENTLY INSTALLING EQUIPMENT OF TYPES AND FREQUENCIES WHICH WILL CAUSE
INTERFERENCE TO THE DISHES/ANTENNAE INSTALLED BY TENANT.
33.05
TENANT
SHALL, AT ITS SOLE COST AND EXPENSE, AND AT ITS SOLE RISK, INSTALL, OPERATE AND
MAINTAIN THE DISHES/ANTENNAE IN A GOOD AND WORKMANLIKE MANNER, AND IN COMPLIANCE
WITH ALL BUILDING, ELECTRIC, COMMUNICATION, AND SAFETY CODES, ORDINANCES,
STANDARDS, REGULATIONS AND REQUIREMENTS, NOW IN EFFECT OR HEREAFTER PROMULGATED,
OF THE FEDERAL GOVERNMENT, INCLUDING, WITHOUT LIMITATION, THE OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION ("OSHA"), THE FEDERAL COMMUNICATIONS COMMISSION
(THE "FCC"), THE FEDERAL AVIATION ADMINISTRATION ("FAA") OR ANY SUCCESSOR AGENCY
OF EITHER THE FCC OR FAA HAVING JURISDICTION OVER RADIO OR TELECOMMUNICATIONS,
AND OF THE COMMONWEALTH, CITY AND COUNTY IN WHICH THE BUILDING IS LOCATED.
UNDER THIS LEASE, LANDLORD AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR THE
LICENSING, OPERATION AND/OR MAINTENANCE OF TENANT'S EQUIPMENT.
TENANT HAS THE
RESPONSIBILITY OF CARRYING OUT THE TERMS OF ITS FCC LICENSE IN ALL RESPECTS.
THE DISHES/ANTENNAE SHALL BE CONNECTED TO LANDLORD'S POWER SUPPLY IN STRICT
COMPLIANCE WITH ALL APPLICABLE BUILDING, ELECTRICAL, FIRE AND SAFETY CODES.
EXCEPT AS SET FORTH IN THIS LEASE, NEITHER LANDLORD NOR ITS AGENTS SHALL BE
LIABLE TO TENANT FOR ANY STOPPAGES OR SHORTAGES OF ELECTRICAL POWER FURNISHED TO
THE DISHES/ANTENNAE OR THE ROOF SPACE BECAUSE OF ANY ACT, OMISSION OR
REQUIREMENT OF THE PUBLIC UTILITY SERVING THE BUILDING, OR THE ACT OR OMISSION
OF ANY OTHER TENANT, INVITEE OR LICENSEE OR THEIR RESPECTIVE AGENTS, EMPLOYEES
OR CONTRACTORS, OR FOR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF
LANDLORD, AND TENANT SHALL NOT BE ENTITLED TO ANY RENTAL ABATEMENT FOR ANY SUCH
44
STOPPAGE OR SHORTAGE OF ELECTRICAL POWER.
NEITHER LANDLORD NOR ITS AGENTS SHALL
HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OR SAFETY OF ANY OF
TENANT'S REPRESENTATIVES, REPAIR, MAINTENANCE AND ENGINEERING PERSONNEL WHILE IN
OR ON ANY PART OF THE BUILDING OR THE ROOF SPACE.
33.06
THE
DISHES/ANTENNAE, THE APPURTENANCES AND THE AESTHETIC SCREENING, IF ANY, SHALL
REMAIN THE PERSONAL PROPERTY OF TENANT, AND SHALL BE REMOVED BY TENANT AT ITS
OWN EXPENSE AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE OR TENANT'S
RIGHT TO POSSESSION HEREUNDER.
TENANT SHALL REPAIR ANY DAMAGE CAUSED BY SUCH
REMOVAL, INCLUDING THE PATCHING OF ANY HOLES TO MATCH, AS CLOSELY AS POSSIBLE,
THE COLOR SURROUNDING THE AREA WHERE THE EQUIPMENT AND APPURTENANCES WERE
ATTACHED.
TENANT AGREES TO MAINTAIN ALL OF THE TENANT'S DISHES/ANTENNAE,
APPURTENANCES AND AESTHETIC SCREENING, IF ANY, PLACED ON OR ABOUT THE ROOF OR IN
ANY OTHER PART OF THE BUILDING IN PROPER OPERATING CONDITION AND