Common use of Additional Verizon Communications Equipment Clause in Contracts

Additional Verizon Communications Equipment. A Verizon Collocator may apply (pursuant to Section 9(e)) to Tower Operator to install, maintain, modify, replace and operate Communications Equipment (including but not limited to any RAD center) on any Tower in excess of the Verizon Reserved Amount of Tower Equipment (collectively “Additional Equipment”) if (y) there is sufficient structural load capacity available on the Tower at the time the Verizon Collocator applies to install such Additional Equipment, and (z) if the Additional Equipment will not be located in the then-current Verizon Collocation Space, there is sufficient available space on the Tower that is not occupied by Tower Subtenants. (i) A Verizon Collocator may add such Additional Equipment regardless of whether such Additional Equipment includes an additional RAD center to be located on the Tower. At its option, the Verizon Collocator may include, as Additional Equipment, any replacement of its Communications Equipment such that the Verizon Collocator operates both its original and the replacement Communications Equipment at the same time. Once the Verizon Collocator removes either set of Communications Equipment and provides 30 days’ notice thereof to Tower Operator, the remaining Communications Equipment will not be deemed to be Additional Equipment, except to the extent that the aggregate Verizon Collocator’s Communications Equipment on the Tower then exceeds the Verizon Reserved Amount of Tower Equipment. During such time as any Additional Equipment described in this Section 9(d)(i) is on the Tower, the Verizon Collocator shall pay an increase to the Verizon Rent Amount as described in Section 9(d)(ii). (ii) The application shall be processed and approved and an amendment to the subject Site Lease Agreement shall be prepared by Tower Operator executed by the Parties to document any Additional Equipment or any changes to existing equipment and any subsequent Additional Equipment or changes to any such subsequent Additional Equipment in accordance with Section 9(e), as well as any change in the Verizon Collocation Space. Subject to the following paragraphs 9(d)(ii)(A)-(C), the amended Site Lease Agreement will provide that the Verizon Collocator will pay additional rent for such Additional Equipment as set forth on Exhibit G as an increase to the Verizon Rent Amount, except that if such Additional Equipment is subsequently removed, the Verizon Collocator’s obligation to pay such additional rent will terminate when the Additional Equipment is removed. Notwithstanding anything in this Agreement to the contrary, Tower Operator may not xxxx in arrears (i.e., “back xxxx”) any Verizon Collocator for any previously undocumented Additional Equipment or other charges directly related to the undocumented Additional Equipment for more than 12 months prior to the date of discovery of such undocumented Additional Equipment or other charges by Tower Operator.

Additional Verizon Communications Equipment. A Verizon Collocator may apply (pursuant to Section 9(e)) to Tower Operator to install, maintain, modify, replace and operate Communications Equipment (including but not limited to any RAD center) on any Tower in excess of the Verizon Reserved Amount of Tower Equipment (collectively “Additional Equipment”) if (y) there is sufficient structural load capacity available on the Tower at the time the Verizon Collocator applies to install such Additional Equipment, and (z) if the Additional Equipment will not be located in the then-current Verizon Collocation Space, there is sufficient available space on the Tower that is not occupied by Tower SubtenantsTenants. (i) A Verizon Collocator may add such Additional Equipment regardless of whether such Additional Equipment includes an additional RAD center to be located on the Tower. At its option, the Verizon Collocator may include, as Additional Equipment, any replacement of its Communications Equipment such that the Verizon Collocator operates both its original and the replacement Communications Equipment at the same time. Once the Verizon Collocator removes either set of Communications Equipment and provides 30 days’ notice thereof to Tower Operator, the remaining Communications Equipment will not be deemed to be Additional Equipment, except to the extent that the aggregate Verizon Collocator’s Communications Equipment on the Tower then exceeds the Verizon Reserved Amount of Tower Equipment. During such time as any Additional Equipment described in this Section 9(d)(i) is on the Tower, the Verizon Collocator shall pay an increase to the Verizon Rent Amount as described in Section 9(d)(ii). (ii) The application shall be processed and approved and an amendment to the subject Site Lease Agreement shall be prepared by Tower Operator executed by the Parties to document any Additional Equipment or any changes to existing equipment and any subsequent Additional Equipment or changes to any such subsequent Additional Equipment in accordance with Section 9(e), as well as any change in the Verizon Collocation Space. Subject to the following paragraphs 9(d)(ii)(A)-(C), the amended Site Lease Agreement will provide that the Verizon Collocator will pay additional rent for such Additional Equipment as set forth on Exhibit G as an increase to the Verizon Rent Amount, except that if such Additional Equipment is subsequently removed, the Verizon Collocator’s obligation to pay such additional rent will terminate when the Additional Equipment is removed. Notwithstanding anything in this Agreement to the contrary, Tower Operator may not xxxx in arrears (i.e., “back xxxx”) any Verizon Collocator for any previously undocumented Additional Equipment or other charges directly related to the undocumented Additional Equipment for more than 12 months prior to the date of discovery of such undocumented Additional Equipment or other charges by Tower Operator. (A) Additional Equipment located partially outside Verizon’s Primary Tower Space. (1) If any Additional Equipment is partially located in Verizon’s Primary Tower Space and partially located outside Verizon’s Primary Tower Space, with such Additional Equipment extending outside Verizon’s Primary Tower Space by no more than three vertical feet, then Verizon will pay additional rent in an amount equal to the additional rent calculated under Exhibit G with respect to such Additional Equipment multiplied by a fraction, the numerator of which is the Wind Load Surface Area of that portion of such Additional Equipment that is outside the Verizon Primary Tower Space and the denominator of which is the total Wind Load Surface Area of such Additional Equipment, multiplied by the additional rent set forth in Exhibit G for such Additional Equipment. (2) To the extent that any Additional Equipment is (y) partially located in Verizon’s Primary Tower Space and partially located outside Verizon’s Primary Tower Space, with such Additional Equipment extending outside Verizon’s Primary Tower Space by more than three vertical feet, or (z) located entirely outside of Verizon’s Primary Tower Space, then Verizon will pay additional rent as set forth in Exhibit G for an additional RAD center. Subject to available space, each such additional RAD center will be allocated 10 vertical feet of space and an allowance of 15,000 square inches of Wind Load Surface Area for Communications Equipment placed inside such additional RAD center. (B) Additional Equipment causes Verizon Collocator to exceed its permitted Wind Load Surface Area allowance.

Additional Verizon Communications Equipment. A Verizon Collocator may apply (pursuant to Section 9(e)) to Tower Operator to install, maintain, modify, replace and operate Communications Equipment (including but not limited to any RAD center) on any Tower in excess of the Verizon Reserved Amount of Tower Equipment (collectively “Additional Equipment”) if (y) there is sufficient structural load capacity available on the Tower at the time the Verizon Collocator applies to install such Additional Equipment, and (z) if the Additional Equipment will not be located in the then-current Verizon Collocation Space, there is sufficient available space on the Tower that is not occupied by Tower SubtenantsTenants. (i) A Verizon Collocator may add such Additional Equipment regardless of whether such Additional Equipment includes an additional RAD center to be located on the Tower. At its option, the Verizon Collocator may include, as Additional Equipment, any replacement of its Communications Equipment such that the Verizon Collocator operates both its original and the replacement Communications Equipment at the same time. Once the Verizon Collocator removes either set of Communications Equipment and provides 30 days’ notice thereof to Tower Operator, the remaining Communications Equipment will not be deemed to be Additional Equipment, except to the extent that the aggregate Verizon Collocator’s Communications Equipment on the Tower then exceeds the Verizon Reserved Amount of Tower Equipment. During such time as any Additional Equipment described in this Section 9(d)(i) is on the Tower, the Verizon Collocator shall pay an increase to the Verizon Rent Amount as described in Section 9(d)(ii). (ii) The application shall be processed and approved and an amendment to the subject Site Lease Agreement shall be prepared by Tower Operator executed by the Parties to document any Additional Equipment or any changes to existing equipment and any subsequent Additional Equipment or changes to any such subsequent Additional Equipment in accordance with Section 9(e), as well as any change in the Verizon Collocation Space. Subject to the following paragraphs 9(d)(ii)(A)-(C), the amended Site Lease Agreement will provide that the Verizon Collocator will pay additional rent for such Additional Equipment as set forth on Exhibit G as an increase to the Verizon Rent Amount, except that if such Additional Equipment is subsequently removed, the Verizon Collocator’s obligation to pay such additional rent will terminate when the Additional Equipment is removed. Notwithstanding anything in this Agreement to the contrary, Tower Operator may not xxxx in arrears (i.e., “back xxxx”) any Verizon Collocator for any previously undocumented Additional Equipment or other charges directly related to the undocumented Additional Equipment for more than 12 months prior to the date of discovery of such undocumented Additional Equipment or other charges by Tower Operator. (A) Additional Equipment located partially outside Verizon’s Primary Tower Space. (1) If any Additional Equipment is partially located in Verizon’s Primary Tower Space and partially located outside Verizon’s Primary Tower Space, with such Additional Equipment extending outside Verizon’s Primary Tower Space by no more than three vertical feet, then Verizon will pay additional rent in an amount equal to the additional rent calculated under Exhibit G with respect to such Additional Equipment multiplied by a fraction, the numerator of which is the Wind Load Surface Area of that portion of such Additional Equipment that is outside the Verizon Primary Tower Space and the denominator of which is the total Wind Load Surface Area of such Additional Equipment, multiplied by the additional rent set forth in Exhibit G for such Additional Equipment. (2) To the extent that any Additional Equipment is (y) partially located in Verizon’s Primary Tower Space and partially located outside Verizon’s Primary Tower Space, with such Additional Equipment extending outside Verizon’s Primary Tower Space by more than three vertical feet, or (z) located entirely outside of Verizon’s Primary Tower Space, then Verizon will pay additional rent as set forth in Exhibit G for an additional RAD center. Subject to available space, each such additional RAD center will be allocated (i) 10 vertical feet of space, (ii) an allowance of 15,000 square inches of Wind Load Surface Area for Communications Equipment placed inside such additional RAD center, and (iii) an area with a horizontal cross-section of 28 square inches running from the ground to the Verizon Communications Equipment in such additional RAD center for Cables, not more than an aggregate weight load of 14 pounds per linear foot (or, if conduit is used in connection with such Cables, not more than an aggregate weight load of 15 pounds per linear foot). (B) Additional Equipment causes Verizon Collocator to exceed its permitted Wind Load Surface Area allowance.