Build-Out Sample Clauses

Build-Out. Denali is not in breach or otherwise in violation of any FCC build-out requirements with respect to any FCC authorization held by it. Each FCC licensed station has been built out at least to the minimum extent required by the Communications Laws. Any and all FCC notifications or filings associated with the build-out were timely filed and were true complete and correct when filed. There has been no discontinuance of service subsequent to the completion of construction and certification that would cause the Denali Licenses to be deemed forfeited or automatically cancelled by the FCC.

Build-Out. AKD is not in breach or otherwise in violation of any FCC build-out requirements with respect to any FCC authorization held by it. Each FCC licensed station has been built out at least to the minimum extent required by the Communications Laws. Any and all FCC notifications or filings associated with the build-out were timely filed and were true complete and correct when filed. There has been no discontinuance of service subsequent to the completion of construction and certification that would cause the AKD Licenses to be deemed forfeited or automatically cancelled by the FCC.

Build-Out. (a) Within thirty (30) days of the release of the Public Notice by the FCC announcing that Royal Street is the Successful Bidder for any license issued pursuant to Auction Nx. 00, Xxxxx Xxxxxx and MetroPCS shall CONFIDENTIAL AND PROPRIETARY INFORMATION OF GWI PCS1, MXXXXXXX, X0 XXXXXXXX XXX XXXXX XXXXXX COMMUNICATIONS NOT TO BE DISCLOSED EXCEPT BY WRITTEN AGREEMENT OF SUCH PARTIES endeavor to meet to discuss plans for the construction of the system or systems that the FCC has announced will be awarded to Royal Street. The Management Committee shall select a group of officers and management level persons, (the “Construction Group”), to develop in accordance with the directions provided by the Management Committee, a schedule for the construction and installation of the Royal Street Systems in each of the Markets in which Royal Street is the Successful Bidder, provided that the majority of such persons are employees of Royal Street or representatives of C9 Wireless and not employees or representatives of the MetroPCS Parties. Upon the request of Royal Street, MetroPCS shall provide information to the Construction Group that may be helpful in its preparation of such schedule including, but not limited to, reports and data. The schedule shall include (i) the order in which each of the Markets in which Royal Street is the Successful Bidder will be built and (ii) the date by which the Markets will be ready for testing and ready for service (“Construction Schedule”). The Construction Schedule shall include appropriate benchmarks for completion of the construction in each of the Markets in which Royal Street is the Successful Bidder, but in all events, each of those Markets shall be Built-Out in a timely fashion as may be required by the FCC rules such that no License is subject to being reclaimed by the FCC and no penalties may be imposed on Royal Street. (b) As promptly as practicable after receipt of the Construction Schedule, the Management Committee shall review the Construction Schedule and approve, modify or return the Schedule to the Construction Group for modification in accordance with the Management Committee’s direction. The Construction Group shall revise the Construction Schedule in accordance with the Management Committee’s directions. (c) Upon approval of the Construction Schedule, the Construction Group shall develop a Construction Plan for each Market, which shall set forth the plans for construction of the specific Market, including (i) the loca...

Build-Out. (a) For those Geographic Markets where (i) Clearwire and its Affiliates have the use of eight or more channels of EBS and/or BRS spectrum with substantially overlapping GSAs, and (ii) Clearwire has entered into an IUA with an EBS Spectrum Group Licensee for EBS spectrum in such Geographic Market (the "Build-out Markets"): (A) Clearwire or its Affiliate shall commence construction of wireless broadband networks with respect to [***] of the EBS spectrum (measured on the basis of MHzPops) of the Build-out Markets within [***] of the earliest Commencement Date of an IUA executed between Clearwire and a Licensee ("First Commencement Date"), (B) Clearwire or its Affiliates shall commence construction of wireless broadband networks with respect to [***] of the EBS spectrum (measured on the basis of MHzPops) of the Build-out Markets within [***] of the First Commencement Date, and (C) Clearwire or its Affiliates shall commence construction of wireless broadband networks with respect to [***] of the EBS Spectrum (measured on the basis of MHzPops) of the Build-out Markets within [***] of the First Commencement Date (such clauses (A), (B) and (C) referred to as the "Build-out Condition"). (b) In each Build-out Market where Clearwire has commenced construction of a wireless broadband network pursuant to Section 7.11(a) above, Clearwire shall deliver wireless broadband service to [***] of the then-current GSA population of each EBS Spectrum Group EBS system within [***] of the completion of the bandplan transition in the local Basic Trading Area and notification of completion per Section 27.1235 of the FCC Rules. For the purpose of this Agreement, population shall be considered to be served by applying the then-current standard set forth in the FCC Rules or policies for substantial service in the EBS service, or, if the FCC Rules and policies contain no such standard, with reference to coverage maps then employed by Clearwire in the Geographic Market for marketing to prospective customers. (c) The "Build-out Failure Financial Royalty" shall apply when and during the time that: (i) Clearwire is not in compliance with the then-applicable Build-out Condition, or (ii) Clearwire is not in compliance with Section 7.11(b). (d) The Build-out Failure Financial Royalty shall be an amount equal [***] of the applicable Monthly Royalties (adjusted for the Limited CPI Adjustment) due to be paid with respect to the quantity of EBS Spectrum measured in MhzPops for which Clearwire has ...

Build-Out. Sprint built a cell site near La Porte, Indiana that is in the Service Area. Manager built a cell site in Bryan, Ohio that is outside the Service Area. The Service Area will no longer include coverage in the (a) Battle Creek BTA that is a result of bordering cell sites in the Fort Xxxxx BTA and (b) Kalamazoo BTA that is a result of bordering cell sites in the Elkhart BTA. The parties have agreed to amend Exhibit 2.1 to delete from the Service Area the area where Sprint has a cell site near La Porte, Indiana and the areas in the Battle Creek and Kalamazoo BTAs and to add to the Service Area the area where the cell site in Bryan, Ohio is located. The narrative description and the coverage maps attached to this Addendum as Exhibit 2.1 supersede the narrative description and coverage maps of Exhibit 2.1 attached to Addendum IV of the Management Agreement. The table portion of Exhibit 2.1 is not being updated. The Parties agree that the 2.1 build-out language and the corresponding maps were created in Mapinfo and the geographic details of the boundaries for the Manager's Service Area were agreed upon by referencing a specific Mapinfo table encompassing Manager's entire Service Area. This Mapinfo table is dependent on other related files in order to fully represent the geographic boundary. All of these related files can be compressed into a MapInfo Interchange Format (MIF), which is an ASCII file format that can fully describe a MapInfo database/table. Both graphic and tabular data are exported into MIF files. The graphic data is in a file with a ".mif "extension, and the tabular data is in a file with an ".mid" extension. MapInfo Interchange Format (MIF) files can be translated into other formats with other standard mapping programs. The MIF and MID files are attached hereto and are the files which were used to create the attached reference map images for the Manager's Service Area and were agreed upon by the Parties. Any future disputes with regard to Manager's Service Area will be referenced to and resolved by the use of these files.

Build-Out. The Borrower shall have built out the Borrowing Base in a manner satisfactory to the Administrative Agent in its sole discretion.

Build-Out. In the event NextWave has not offered Full Mobility Service for a period of at least six (6) consecutive months in accordance with the Technical Specifications, including those for availability, capacity, coverage and service quality, in BTAs covering at least *___* million POPs represented by the Initial Licenses by December 31, 1998, the Purchase Commitment then in effect will be reduced by an amount equal to ten percent (10%) of the Initial Purchase Commitment, or the initial Increased Purchase Commitment if the Initial Purchase Commitment has been increased under Article 3.2, and the Purchase Commitment then in effect shall be further reduced by an amount equal to ten percent (10%) of the Initial Purchase Commitment, or the initial Increased Purchase Commitment if the Initial Purchase Commitment has been increased under Article 3.2, for each subsequent year or portion thereof that Full Mobility Service is not offered in BTAs covering at least *___* million POPs represented by the Initial Licenses. In the event NextWave does not offer *CONFIDENTIAL TREATMENT REQUESTED Full Mobility Service for a period of at least six (6) consecutive months in BTAs, covering at least *___* million POPs represented by the Initial Licenses by December 31, 2001, then the Purchase Commitment then in effect, will be reduced by an amount equal to the product of (i) *___* million minus the number of POPs for which Full Mobility Service is available by December 31, 2001, divided by *___* million, and (ii) the Initial Purchase Commitment; and the Purchase Commitment then in effect shall be further reduced by an amount equal to five percent (5%) of the Initial Purchase Commitment, or the initial Increased Purchase Commitment if the Initial Purchase Commitment has been increased under Article 3.2, for each subsequent year that Full Mobility Service is not offered in BTAs represented by the Initial Licenses covering at least *___* million POPs.

Build-Out. Subject to the terms and conditions hereof, ODC PB agrees, at ECD’s cost and expense, to the interior build-out (“Build-Out”) of the Premises in accordance with the specifications and plans set forth in Exhibit B (the “Plans”). Any changes or modifications to the Plans must be done in writing and signed by the Parties. ECD agrees that ODC PB shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Build-Out. ODC PB shall be the sole contracting party with respect to the engagement of contractors which perform the work necessary to construct the Build- Out; provided, however, that, subject to the immediately succeeding clause (c), if and to the extent ECD has previously approved in writing any costs, expenses, or other liabilities to be paid by ODC PB on ECD’s behalf, ECD shall promptly (and in no event later than fifteen (15) days after receipt of a request for reimbursement from ODC PB) reimburse ODC PB for all such previously approved costs, expenses and other liabilities associated with or arising from the Build-Out (the “Build-Out Payment Obligations”). The Build-Out Payment Obligations shall be deemed Additional Rent. ECD shall satisfy such reimbursement obligations through the payment of cash to ODC PB, the issuance of additional ECD Stock (as defined below) to ODC PB, or a combination of both.

Build-Out. Sprint PCS built seven cell sites in the Service Area: three in Xxxxx County, Ohio and one each in Chautauqua County, New York; Walhonding, Ohio; Gratiot, Ohio; and Schuylkill County, Pennsylvania. Manager built four cell sites outside the Service Area territory: one each in Xxxxxxx, Ohio; Masury, Ohio; Emlenton, Pennsylvania and Xxxxxxxxx, Pennsylvania. The parties have agreed to amend Exhibit 2.1 to delete from the Service Area the area where Sprint has three cell sites in Xxxxx County, Ohio and one each in Chautauqua County, New York; Walhonding, Ohio; Gratiot, Ohio; and Schuylkill County, Pennsylvania and to add to the Service Area the area where the Manager has cell sites in Xxxxxxx, Ohio, Masury, Ohio, Emleton, Pennsylvania and Xxxxxxxxx, Pennsylvania. The narrative description and the coverage maps attached to this Addendum as Exhibit 2.1 supersede the narrative description and coverage maps of Exhibit 2.1 attached to Addendum VIII of the Management Agreement. The table portion of Exhibit 2.1 attached to Addendum VIII of the Management Agreement is not being updated. The Parties agree that the 2.1 build-out language and the corresponding maps were created in Mapinfo and the geographic details of the boundaries for the Manager's Service Area were agreed upon by referencing a specific Mapinfo table encompassing Manager's entire Service Area. This Mapinfo table is dependent on other related files in order to fully represent the geographic boundary. All of these related files can be compressed into a MapInfo Interchange Format (MIF), which is an ASCII file format that can fully describe a MapInfo database/table. Both graphic and tabular data are exported into MIF files. The graphic data is in a file with a ".mif "extension, and the tabular data is in a file with an ".mid" extension. MapInfo Interchange Format (MIF) files can be translated into other formats with other standard mapping programs. The MIF and MID files are attached hereto and are the files which were used to create the attached reference map images for the Manager's Service Area and were agreed upon by the Parties. Any future disputes with regard to Manager's Service Area will be referenced to and resolved by the use of these files.

Build-Out. Standard construction per the approved floor plan throughout the property with the exceptions as indicated in this exhibit.