§ 9. Interference.  

Latest version.
  • 9.1

    Non-Interference with Non-Public Safety Communications Systems. Wildflower shall operate the Network in a manner that will not cause interference with City non-public safety communications systems and to the services and facilities of other licensees or lessees of City property located at or near the Facilities that were in operation prior to the installation of the Network or that are in operation prior to any modifications Wildflower may make to the Network.


    Non-Interference with Public Safety Communications Systems. Wildflower's Network and Facilities shall not cause interference with public safety communications systems operated by City or any other public agency, regardless of the date such systems or any components thereof have been placed in service. Nor shall Wildflower's Network and Facilities cause interference with the City's use of the New Poles for their intended purpose as streetlights, traffic lights, and/or stand-alone light poles.


    Correction of Interference. If such interference with the Facilities described in Sections 9.1 and 9.2 occur, Wildflower shall, upon receipt of written notice thereof from City, immediately commence commercially reasonable, diligent, efforts to correct or eliminate such interference. If such interference cannot be corrected by-Wildflower to the reasonable satisfaction of City within the cure period set forth for in the City's notice, which notice shall not be less than 30 days absent an emergency or danger to public health and safety requiring shorter notice, such interference shall be deemed a material breach under this Agreement and City may terminate this Agreement. Interference caused by actions of Wildflower's Customer(s) remain the responsibility of Wildflower.