Common use of Access and Utilities Clause in Contracts

Access and Utilities. During the Term, Tenant and its guests, agents, employees, customers, invitees, subtenants, licensees and assigns shall have the unrestricted, exclusive right to use, and shall have free and unfettered access to, the Premises seven (7) days a week, twenty-four (24) hours a day. Landlord for itself, its successors and assigns, hereby grants and conveys unto Tenant, its customers, employees, agents, invitees, subtenants, licensees, successors and assigns a non-exclusive easement throughout the Term to a public right of way (a) for ingress and egress, and (b) for the construction, installation, operation, maintenance, repair and replacement of overhead and underground electric and other utility facilities (including fiber, backhaul, wires, poles, guys, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, over, across and through any easement for the benefit of and access to the Premises, subject to the terms and conditions herein set forth. ▇▇▇▇▇▇▇▇ agrees to coordinate, cooperate and assist Tenant with obtaining the required access and utility easements to the Premises from a public right of way up to and including negotiating and obtaining such access and utility rights from any applicable neighbor parcel. If there are utilities already existing on the Premises which serve the Premises, Tenant may utilize such utilities and services. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s safe and efficient use and enjoyment of the easements for the purposes described above. Upon ▇▇▇▇▇▇’s request, ▇▇▇▇▇▇▇▇ shall execute and deliver to Tenant requisite recordable documents evidencing the easements contemplated hereunder within fifteen (15) days of Tenant’s request, and Landlord shall obtain the consent and joinder of Landlord’s mortgagee to any such grant, if applicable.

Access and Utilities. During the Term, Tenant and its guests, agents, employees, customers, invitees, subtenants, licensees and assigns shall have the unrestricted, exclusive right to use, and shall have free and unfettered access to, the Premises seven (7a) days a week, twenty-four (24) hours a day. Landlord for itself, its successors and assigns, hereby grants and conveys unto Tenant, its customers, employees, agents, invitees, subtenants, licensees, successors and assigns a non-exclusive easement throughout the Term to a public right of way (a) nonexclusive license for ingress and egress, and (b) for the construction, installation, operation, maintenance, repair and replacement of overhead and underground electric and other utility facilities (including fiber, backhaul, wires, poles, guys, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, egress over, under and across the Property for purposes of their activities on the Premises, including vehicular and through any easement for the benefit of and pedestrian access to the PremisesTower Compound and the ability to run electric, telephone and data lines to the Tower Compound, subject in all cases to the terms any and conditions herein set forth. ▇▇▇▇▇▇▇▇ agrees to coordinateall applicable, cooperate zoning, set-back, permitting and assist Tenant with obtaining the required access and utility easements to the Premises from a public right of way up to and including negotiating and obtaining such access and utility rights from any applicable neighbor parcel. If there are utilities already existing on the Premises which serve the Premises, Tenant may utilize such utilities and servicesor licensing requirements. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s safe and efficient use and enjoyment of the easements easement for the purposes described above, provided such assignee agrees to be bound by the terms and conditions of this Lease. (b) Subject to any and all applicable zoning, set-back, permitting and/or licensing requirements, Tenant has, pursuant to its license, the right to construct, erect, maintain, test, replace, remove, operate and upgrade the Tenant Facilities on the Premises, including without limitation utility lines, transmission lines, an equipment shelter, electronic equipment, transmitting and receiving antennas, a standby power generator, and supporting equipment and structures therefor, subject to the terms and conditions herein set forth. Upon ▇▇▇▇▇▇Tenant shall obtain Landlord’s request, ▇▇▇▇▇▇▇▇ shall execute and deliver to Tenant requisite recordable documents evidencing the easements contemplated hereunder within fifteen (15) days prior written approval of Tenant’s requestschedule for the initial installation of the Tenant Facilities, and such installation shall be performed in accordance with such schedule, subject to delays caused by Landlord shall obtain or beyond the consent and joinder reasonable control of Tenant. Commencing construction of the Tenant Facilities without obtaining Landlord’s mortgagee prior written approval of the schedule for construction of such Tenant Facilities will constitute a material breach and/or default of this Lease. Tenant shall not park or store trailers or vehicles on the Premises other than on a temporary basis and only when necessary for Tenant to perform work on Tenant Facilities. Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant’s business operations and to install transmission lines connecting the antennas to the transmitters and receivers, subject to any and all applicable zoning, set-back, permitting, and/or licensing requirements. All of Tenant’s construction and installation work shall be performed at Tenant’s sole cost and expense and in a good and workmanlike manner. (c) Tenant shall pay for the electricity and other utility services it consumes in its operations at the rate charged by the servicing utility company. In connection with the Tenant Facilities, Tenant shall, at its sole cost and expense, obtain electrical and telephone (and any other utility) service directly from the servicing utility company, including the installation of a separate metered service and main breaker, where required. Landlord agrees to cooperate with Tenant in working with said utility companies to provide such grant, if applicableservice to the Premises.

Access and Utilities. During the Term, Tenant and its guestsemployees, agents, employees, customers, invitees, subtenants, licensees and assigns shall have the unrestricted, exclusive right to usecontractors, and shall have free utility companies are hereby given and unfettered access togranted a non-exclusive easement for ingress, egress, and regress to and from the Leased Premises seven (7) days and easements over, under, upon, and across the Tower and adjoining lands and rights-of-way owned by Landlord and described on Exhibit "C" on a week, twenty-four (24) hours a dayhour daily basis for the purpose of erection, installation, operation, inspection, repair, maintenance, and removal of the Communications Facility and other necessary appurtenances and an easement thereon for telephone lines, power lines, cables, and wires used in connection with the Communications Facility (“Access Easement”). Such easements for ingress, egress, and regress and such easement for utilities shall be over existing roads, parking lots, and/or roads on the property described on Exhibit C. Tenant shall have the right but not the obligation to improve the Access Easement by grading, graveling, or paving it; provided, however that Tenant shall be obligated to repair any damage to such easement property caused by Tenant, or its agents or employees. Landlord for itselfgrants to Tenant and to such power or telephone company (“Utility Company” or “Utility Companies”) as Tenant shall designate, its successors and assigns, hereby grants and conveys unto Tenant, its customers, employees, agents, invitees, subtenants, licensees, successors and assigns a non-exclusive easement throughout for such utilities as may be reasonably necessary to serve the Term to a public right of way Leased Premises over that property described on Exhibit “C” (a) for ingress and egress, and (b) the “Utility Easement”). The Utility Easement shall be for the construction, installation, operation, inspection, maintenance, and repair (whether by Tenant or by Tenant’s designated Utility Companies) of necessary utilities from the point of connection with the Utility Companies’ distribution networks to the Communications Shelter. The Utility Easement shall be sufficiently wide for providing the applicable utilities to the Leased Premises. It is understood that Tenant and replacement the Utility Companies providing services to Tenant shall have access to all areas of overhead and underground electric the Leased Premises and other utility facilities (including fiberlands and rights-of-way owned or leased by Landlord and described on Exhibits A, backhaulB, wiresand C as necessary for installation, polesoperation, guysinspection, cablesupgrade, conduits and appurtenant equipment)maintenance, with the right to reconstruct, improve, add to, enlarge, change and remove and/or repair of such facilitiesservices. Landlord shall advise Tenant of any Utility Company requesting an easement under, over, upon and/or across and through any easement for the benefit of and access to the Leased Premises, subject to the terms and conditions herein set forth. ▇▇▇▇▇▇▇▇ agrees to coordinate, cooperate and assist Tenant with obtaining the required access and utility easements to the Premises from a public right of way up to and including negotiating and obtaining such access and utility rights from any applicable neighbor parcel. If there are utilities already existing on the Premises which serve the Premises, Tenant may utilize such utilities and services. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s safe and efficient use and enjoyment of the easements for the purposes described above. Upon ▇▇▇▇▇▇’s request, ▇▇▇▇▇▇▇▇ shall execute and deliver to Tenant requisite recordable documents evidencing the easements contemplated hereunder within fifteen (15) days of Tenant’s request, and Landlord shall obtain the consent and joinder of Landlord’s mortgagee to any such grant, if applicable.

Access and Utilities. (a) During the Term, Tenant and its guests, agents, employees, customers, invitees, subtenants, licensees and assigns shall have the unrestricted, exclusive right to use, and shall have free and unfettered access to, the Premises seven (7) days a week, twenty-four (24) hours a day. Landlord for itself, its successors and assigns, hereby grants and conveys unto leases to Tenant, its customers, employees, agents, invitees, subtenants, licenseescontractors, successors and assigns the Access and Utility Easement, which shall be a non-exclusive nonexclusive easement throughout in, over, under, across and through the Term to a public right portion of way (a) the Property more particularly described on Exhibit 2 and depicted on Exhibit 3 for ingress and egressegress for the benefit of and access to the Tower Compound, and (b) as well as for the construction, installation, operation, maintenance, repair operation and replacement maintenance of overhead and underground electric electric, gas and other utility facilities (including fiber, backhaul, wires, poles, guys, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change change, remove and remove replace such facilities, over, across and through any easement the Access and Utility Easement for the benefit of and access to the PremisesTower Compound, subject to the terms and conditions herein set forth. ▇▇▇▇▇▇▇▇ agrees to coordinate, cooperate and assist Tenant with obtaining the required access and utility easements to the Premises from a public right of way up to and including negotiating and obtaining such access and utility rights from any applicable neighbor parcel. If there are utilities already existing on the Premises which serve the Premises, Tenant may utilize such utilities and services. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s safe and efficient use and enjoyment of the easements Access and Utility Easement for the purposes described above. (b) In the event any public utility is unable to use the Utility Easement, LANDLORD hereby agrees to grant a mutually acceptable replacement utility right-of-way either to TENANT or to the public utility at no cost to TENANT. Upon LANDLORD may, at LANDLORD’s sole expense, move the location of the Access Easement to a different location on the Property from that described in Exhibit "B"; provided that the moved Access Easement provides Tenant with equivalent access to the Premises as the Access Easement currently described in Exhibit "B" and at no additional cost to TENANT; and provided further that the Utility Easement will not be altered by such movement of the Access Easement. If LANDLORD elects to so move the Access Easement, LANDLORD shall, at its cost, have the moved Access Easement surveyed and, upon approval by TENANT (not to be unreasonably withheld), the legal description of the moved Access Easement will replace the current legal description of the Access Easement in Exhibit "B" and the Parties shall at LANDLORD's expense file an updated Memorandum of Agreement with ▇▇▇▇▇▇’s request, ▇▇▇▇▇▇▇▇ shall execute and deliver to Tenant requisite recordable documents evidencing the easements contemplated hereunder within fifteen (15) days of Tenant’s request, and Landlord shall obtain the consent and joinder of Landlord’s mortgagee to any County reflecting such grant, if applicablechange.