Common use of By Lessor Clause in Contracts

By Lessor. All rights of Lessor hereunder or to the Equipment may be sold, assigned, pledged, mortgaged or otherwise transferred, either in whole or in part, without notice to Lessee but always, however, subject to the rights of Lessee under this Lease. If Lessor sells the Equipment or assigns this Lease or the Rent due or to become due hereunder or any other interest herein, whether as security for any of its indebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee of any provision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, covenant or condition required to be performed by Lessor under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the burdens imposed on Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. All rights of Lessor hereunder or to the Equipment may be sold, assigned, pledged, mortgaged mortgaged, or otherwise transferred, either in whole or in part, without notice to Lessee but always, however, subject to the rights of Lessee under this Lease. If Lessor sells the Equipment or assigns this Lease or the Rent due or to become due hereunder or any other interest herein, whether as security for any of its indebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee of any provision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, covenant or condition required to be performed by Lessor under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges acknowledged that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the burdens imposed on Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. All rights of Lessor hereunder or to the Equipment may be sold, assigned, pledged, mortgaged or otherwise transferred, either in whole or in part, without notice to Lessee but always, however, subject to the rights of Lessee under this Lease. If Lessor sells the Equipment or assigns this Lease or the Rent due or to become due hereunder or any other interest herein, whether as security for any of its indebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee of any provision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, covenant or condition required to be performed by Lessor under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the burdens imposed on upon Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING. NOTHING HEREIN SHALL PREVENT LESSEE FROM ASSERTING ANY DEFENSE OR CLAIM DIRECTLY AGAINST LESSOR FOR ACTUAL DAMAGES.

By Lessor. (i) Provided Lessor is not in default of this Agreement, Xxxxxx agrees to allow Lessor to install and maintain limited communications equipment (hereafter “Lessor’s Equipment”) at no more than one attachment location on the tower and at a mutually agreeable height on the tower at approximately the one hundred fifty foot (150’) rad center (“Acceptable Range”). Lessor’s Equipment to be installed on the tower may not exceed the envelope of a thirty-six inch (36”) microwave antenna or a six foot (6’) direction antenna. (ii) Provided Lessor is not in default of this Agreement, Xxxxxx agrees to allow Lessor to install and maintain limited lightweight communications equipment (hereafter “Lightweight Equipment”) at no more than one attachment location on the tower and at a mutually agreeable height on the tower, but no higher than the fifty foot (50’) rad center (“Lightweight Acceptable Range”). The Lightweight Equipment to be installed on the tower may not exceed ten (10) pounds and may not be exceed two feet (2’) by two feet (2’) in size. (iii) Installation of Lessor’s Equipment provided for in Section 11(B)(i) and (ii) shall be permitted provided that Lessor’s Equipment shall not cause any interference or conflict with the operations and improvements of Lessee. Lessor shall notify Lessee of its desire to install the Lessor’s Equipment and Lessor may install Lessor’s Equipment provided Lessor uses a vendor approved by Lessee to perform the installation. Lessee shall manage such installation at a cost to Lessor of 115% of the cost to Xxxxxx to perform said management. All rights costs associated with installation, maintenance and decommissioning of Lessor’s Equipment will be at the sole cost and expense of Lessor. Lessor hereunder shall not be required to pay a monthly rental fee for the use of space on the tower, but will be responsible for any fees incurred by Lessee relating to installation or use of Lessor’s Equipment, including but not limited to, fees related to the Equipment may be soldany required intermodulation study, assignedAM detuning study, pledgedstructural analysis, mortgaged or otherwise transferred, either in whole or in part, without notice to Lessee but alwaysother required testing; provided, however, subject Lessee agrees that such costs shall not exceed $5,000.00 for each installation. In the event that any of Lessor’s Equipment is being replaced with similar equipment, such fees may not apply as it may not be necessary to perform the same tests or analysis, but shall be determined on a case by case basis. It is understood that Lessee shall not be required to make any modifications to the rights of Lessee under this Lease. If Lessor sells the Equipment or assigns this Lease tower or the Rent due or Leased Premises to become due hereunder or provide such space to Lessor. Prior to installing Lessor’s Equipment, Lessor shall provide notice and plans to Lessee for Lessee’s engineering approval, which approval shall not be unreasonably withheld. (iv) Lessee shall require Lessor to enter into a standard license agreement at no cost to Lessor containing the normal and customary terms for the installation and operation of such equipment. Lessor agrees that any other interest hereininstallation and modifications to Lessor’s Equipment must be processed through Lessee’s specific application process as described in Lessee’s standard license agreement. Lessee may relocate Lessor’s Equipment to another rad center on the tower (provided it remains within the Acceptable Range) in the event Lessee needs to use the Lessor’s designated rad center for another customer, whether as security for any provided that Lessee shall pay the cost of its indebtedness or otherwisesuch relocation and Lessor’s Equipment shall not be adversely affected by the proposed relocation space. In addition to the foregoing, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee of any provision hereof. No such vendee or assignee (each an "Assignee") shall be obligated permitted to perform any dutyuse a portion of ground space within the Leased Premises, covenant or condition required not to exceed a ten feet (10’) by ten feet (10’) area, in a location to be performed selected by Lessor under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the burdens imposed on Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. All rights (i) Provided Lessor is not in default of this Agreement, Lessee agrees to allow Lessor hereunder to install and maintain limited communications equipment (hereafter “Lessor’s Equipment”) at no more than one attachment location on the tower and at a mutually agreeable height on the tower at approximately the one hundred fifty foot (150’) rad center (“Acceptable Range”). Lessor’s Equipment to be installed on the tower may not exceed the envelope of a thirty-six inch (36”) microwave antenna or a six foot (6’) direction antenna. In the event that Lessee has the opportunity to lease or license space on the tower to a commercial customer who will be paying rent or a license fee for such space and it will be necessary to relocate Lessor’s Equipment from such Acceptable Range for said commercial customer, Lessor has the right to match the rent or license fee that Lessee would have received from the proposed commercial customer in lieu of being relocated. If Lessor is not willing to pay such rent or license fee, Lessee may relocate Lessor to another available location on the tower, which may be sold, assigned, pledged, mortgaged below the Acceptable Range. (ii) Installation of Lessor’s Equipment provided for in Section 11(B)(i) shall be permitted provided that Lessor’s Equipment shall not cause any interference or otherwise transferred, either in whole or in part, without notice conflict with the operations and improvements of Lessee. Lessor shall notify Lessee of its desire to install the Lessor’s Equipment and Lessor may install Lessor’s Equipment provided Lessor uses a vendor approved by Lessee to perform the installation. Lessee shall manage such installation at a cost to Lessor of 115% of the cost to Lessee to perform said management. All costs associated with installation, maintenance and decommissioning of Lessor’s Equipment will be at the sole cost and expense of Lessor. Lessor shall not be required to pay a monthly rental fee for the use of space on the tower, but alwayswill be responsible for any fees incurred by Lessee relating to installation or use of Lessor’s Equipment, including but not limited to, fees related to any required intermodulation study, AM detuning study, structural analysis, or other required testing; provided, however, subject Lessee agrees that such costs shall not exceed $5,000.00 for each installation. In the event that any of Lessor’s Equipment is being replaced with similar equipment, such fees may not apply as it may not be necessary to perform the same tests or analysis, but shall be determined on a case by case basis. It is understood that Lessee shall not be required to make any modifications to the rights of Lessee under this Lease. If Lessor sells the Equipment or assigns this Lease tower or the Rent due or Leased Premises to become due hereunder or provide such space to Lessor. Prior to installing Lessor’s Equipment, Lessor shall provide notice and plans to Lessee for Lessee’s engineering approval, which approval shall not be unreasonably withheld. (iii) Lessee shall require Lessor to enter into a standard license agreement at no cost to Lessor containing the normal and customary terms for the installation and operation of such equipment. Lessor agrees that any other interest hereininstallation and modifications to Lessor’s Equipment must be processed through Lessee’s specific application process as described in Lessee’s standard license agreement. Lessee may relocate Lessor’s Equipment to another rad center on the tower (provided it remains within the Acceptable Range) in the event Lessee needs to use the Lessor’s designated rad center for another customer, whether as security for any provided that Lessee shall pay the cost of its indebtedness or otherwisesuch relocation and Lessor’s Equipment shall not be adversely affected by the proposed relocation space. In addition to the foregoing, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall excuse performance by Lessee of any provision hereof. No such vendee or assignee (each an "Assignee") shall be obligated permitted to perform any dutyuse a portion of ground space within the Leased Premises, covenant or condition required not to exceed a five feet (5’) by five feet (5’) area, in a location to be performed selected by Lessor under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment of the Equipment while no Event of Default has occurred. Lessee acknowledges that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the burdens imposed on Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of the provisions of this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. All rights LESEE HAS SELECTED BOTH (a) THE EQUIPMENT AND (b) THE MANUFACTURER OR OTHER SUPPLIER FROM WHOM LESSOR IS OT PURCHASE IT. LESSOR MAKES NO WARRANTY, EXPRESSED OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE DESIGN OR THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". If any item of Lessor hereunder Equipment or to all the Equipment may be soldis not properly installed, assigneddoes not operate as represented or warranted by its manufacturer, pledgedor is unsatisfactory for any reason, mortgaged or otherwise transferredLessee shall make any claim on account thereof directly against such manufacturer and shall, either in whole or in partupon satisfactory resolution of the claim by manufacturer, without notice to Lessee but always, however, subject to the rights of Lessee pay Lessor all rents payable under this Lease. If In the event manufacturer is unable or unwilling to resolve the claim, Lessor sells will engage a mutually agreed party to resolve the Equipment or assigns this Lease or the Rent due or claim to become due hereunder or any other interest herein, whether as security for any of its indebtedness or otherwise, no breach or default by Lessee's reasonable satisfaction at Lessor's expense. Lessor hereunder or pursuant hereby agrees to any other agreement between Lessor and assign to Lessee, should there be one, shall excuse performance by Lessee solely for the purpose of making and prosecuting any provision hereof. No such vendee or assignee (each an "Assignee") shall be obligated to perform any duty, covenant or condition required to be performed by Lessor under the terms of this Lease; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any Assignee unless such Assignee agrees in writing not to disturb Lessee's quiet enjoyment claim all of the Equipment while no Event rights which Lessor has against such manufacturer for breach of Default has occurredwarranty or other representation representing the Equipment. Lessee acknowledges that any such saleLESSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY LESSEE AS A RESULT OF ANY BREACH OF WARRANTY OR REPRESENTATION WITH RESPECT TO THE EQUIPMENT AND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR LOSS OF USE OF THE OCCASIONED BY LESSEE'S INABILITY TO USE THE EQUIPMENT, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the burdens imposed on LesseeFOR ANY REASON WHATSOEVER. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of the The provisions of this Lease. Lessee agrees paragraph are intended to acknowledge be a complete exclusion and negation of any such assignment within five (5) days of receipt of written request express or implied warranties by Lessor with respect to do so the Equipment, whether arising under the Uniform Commercial Code or under any other law now or hereafter in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSEeffect, COUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, AND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOINGor otherwise.