Common use of Approvals/Fiber Clause in Contracts

Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expired, lapsed, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain or maintain, in a satisfactory manner, any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All fees paid to said termination date shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Rent to Licensor.

Approvals/Fiber. It is understood and agreed that Licensee's ’s ability to use the Licensed Area Location is contingent upon its obtaining all of the certificates, permits Permits, and other approvals (collectively the collectively, “Governmental Approvals”) that may be required by any Federal, State State, or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee to use of the Licensed Area Location as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expiredexpires, lapsedlapses, or is otherwise withdrawn or terminated by a governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely mannermanner through no fault of the City; (iv) Licensee determines that it will be unable to obtain or maintain, maintain a fiber or power connection in a satisfactory manner, any fiber or power connection; or (v) Licensee determines that the Licensed Area Location is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of Licensee's ’s exercise of its right to terminate shall be given to Licensor the City in writing by certified mail, return receipt requested, and shall be effective upon ninety (90) days from the mailing date of such notice by Licenseenotice, or upon such later date as designated by Licensee. All fees paid to said termination date shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force or effect effect, except to the extent of the representations, warranties and indemnities made by each Party to the other hereunderin the Agreement or as otherwise provided for in the Agreement. Otherwise, Licensee shall have no further obligations for the payment of Rent Attachment Fees to Licensorthe City.

Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expired, lapsed, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain or maintain, in a satisfactory manner, any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by certified mail, return receipt requestedpursuant to Section 18 of the Agreement, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All fees paid to said termination date shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Rent fees to Licensor.