Common use of Compliance With Ground Leases Clause in Contracts

Compliance With Ground Leases. (a) This Master Lease, to the extent affecting and solely with respect to any Ground Leased Property, is and shall be subject and subordinate to all of the terms and conditions of the Ground Leases. Tenant hereby acknowledges that Xxxxxx has reviewed and agreed to all of the terms and conditions of the Ground Leases. Tenant hereby agrees that Tenant shall not do, or fail to do, anything that would cause any violation of the Ground Leases. Without limiting the foregoing, (i) Tenant shall pay Landlord on demand as an Additional Charge hereunder all rent required to be paid by, and other monetary obligations of, Landlord as tenant under the Ground Leases (and, at Landlord’s or Tenant’s option, Tenant shall make such payments directly to the Ground Lessors); provided, however, such Additional Charges payable by Tenant shall exclude any additional costs under the Ground Leases which are caused solely by Landlord after the Commencement Date without consent or fault of or omission by Tenant, (ii) to the extent Landlord is required to obtain the written consent of the lessor under any Ground Lease (a “Ground Lessor”) to alterations of or the subleasing of all or any portion of the Ground Leased Property pursuant to a Ground Lease, Tenant shall likewise obtain such Ground Lessor’s written consent to alterations of or the subleasing of all or any portion of the Ground Leased Property, and (iii) Tenant shall carry and maintain general liability, automobile liability, property and casualty, worker’s compensation and employer’s liability insurance in amounts and with policy provisions, coverages and certificates as required of Landlord as tenant under the Ground Leases. Without limitation of the preceding sentence or of any other rights or remedies of Landlord hereunder, in the event Tenant fails to comply with its obligations hereunder with respect to Ground Leases (without giving effect to any notice or cure periods thereunder), Landlord shall have the right (but without any obligation to Tenant or any liability for failure to exercise such right), following written notice to Tenant and the passage of a reasonable period of time (except to the extent the failure is of a nature such that it is not practicable for Landlord to provide such prior written notice, in which event Landlord shall provide written notice as soon as practicable) to cure such failure, in which event Tenant shall reimburse Landlord for Landlord’s reasonable costs and expenses incurred in connection with curing such failure.

Compliance With Ground Leases. Tower Operator shall pay all rents, fees and other charges payable to the Ground Lessor under, and shall abide by, comply with and perform all other applicable terms, covenants, conditions and provisions of, each Ground Lease (aincluding terms, covenants, conditions and provisions relating to maintenance, insurance and alterations) This Master Leaseas if Tower Operator were the “ground lessee” under the applicable Ground Lease and, to the extent affecting and solely with respect evidence of such performance must be provided to a Ground Lessor, Tower Operator shall provide such evidence to such Ground Lessor (in each case unless such performance obligation is such that it requires performance by AT&T Collocator of such obligations pursuant to the applicable Ground Lease or this Agreement). To the extent that any Ground Leased PropertyLease imposes or requires the performance by the “ground lessee” thereunder of any duty or obligation that is more stringent than or in conflict with any term, is covenant, condition or provision of this Agreement, the applicable term, covenant, condition or provision of such Ground Lease shall control and shall constitute the duties and obligations of Tower Operator under this Agreement as to the subject matter of such term, covenant, condition or provision. Tower Operator shall be subject responsible for any breaches of, or defaults under, any Ground Lease that are caused by Tower Operator or its authorized agents and subordinate to all of the terms and conditions of the Ground Leasesemployees. Tenant hereby acknowledges that Xxxxxx has reviewed and agreed to all of the terms and conditions of the Ground Leases. Tenant hereby agrees that Tenant Tower Operator shall not doengage in, or fail and shall use commercially reasonable efforts to doprevent any Tower Subtenant from engaging in, anything any conduct that would cause any violation of the Ground Leases. Without limiting the foregoing, (i) Tenant shall pay Landlord on demand as an Additional Charge hereunder all rent required to be paid by, and other monetary obligations of, Landlord as tenant under the Ground Leases (and, at Landlord’s or Tenant’s option, Tenant shall make such payments directly to the Ground Lessors); provided, however, such Additional Charges payable by Tenant shall exclude any additional costs under the Ground Leases which are caused solely by Landlord after the Commencement Date without consent or fault constitute a breach of or omission by Tenant, (ii) to the extent Landlord is required to obtain the written consent of the lessor default under any Ground Lease or (a “Ground Lessor”ii) to alterations of or the subleasing of all or any portion of result in the Ground Leased Property pursuant Lessor being entitled to a terminate the applicable Ground Lease or to terminate the applicable AT&T Lessor’s or AT&T Ground Lease Party’s right as ground lessee under such Ground Lease, Tenant shall likewise obtain such Ground Lessor’s written consent or to alterations of or the subleasing of all or any portion of the Ground Leased Property, and (iii) Tenant shall carry and maintain general liability, automobile liability, property and casualty, worker’s compensation and employer’s liability insurance in amounts and with policy provisions, coverages and certificates as required of Landlord as tenant under the Ground Leases. Without limitation of the preceding sentence or of exercise any other rights or remedies of Landlord hereunder, in to which Ground Lessor may be entitled for a default or breach under the applicable Ground Lease. In no event Tenant fails to comply with its obligations hereunder with respect to Ground Leases (without giving effect shall Tower Operator have any liability to any notice AT&T Group Member for any breach of, or cure periods thereunder)default under, Landlord shall have the right (but without a Ground Lease caused by an act of, or failure to perform a duty required to be performed by, AT&T Collocator, any obligation to Tenant AT&T Lessor, any AT&T Ground Lease Party or any liability for failure to exercise such right), following written notice to Tenant and AT&T Group Member or a breach of this Agreement or the passage of a reasonable period of time (except to the extent the failure is of a nature such that it is not practicable for Landlord to provide such prior written notice, in which event Landlord shall provide written notice as soon as practicable) to cure such failure, in which event Tenant shall reimburse Landlord for Landlord’s reasonable costs and expenses incurred in connection with curing such failureMPL by any AT&T Collocator or any AT&T Lessor.

Compliance With Ground Leases. (a) This Master Lease, to the extent affecting and solely with respect to any the Ground Leased Property, is and shall be subject and subordinate to all of the terms and conditions of the Ground LeasesLease. Tenant hereby acknowledges that Xxxxxx Tenant has reviewed and agreed to all of the terms and conditions of the Ground LeasesLease. Tenant hereby agrees that Tenant shall not do, or fail to do, anything that would cause any violation of the Ground LeasesLease. Without limiting the foregoing, (i) Tenant shall pay Landlord on demand as an Additional Charge hereunder all rent required to be paid by, and other monetary obligations of, Landlord as tenant under the Ground Leases Lease (and, at Landlord’s or Tenant’s option, Tenant shall make such payments directly to the Ground Lessors); Lessor); provided, however, such Additional Charges payable by Tenant shall exclude any additional costs under the Ground Leases Lease which are caused solely by Landlord Landlord’s default under the Ground Lease or modification of any terms of the Ground Lease after the Commencement Date without consent or fault of or omission by Tenant, (ii) perform all obligations of the Landlord under the Ground Lease as if it was the lessee thereto; (iii) to the extent Landlord is required to obtain the written consent of the lessor under any the Ground Lease (a the “Ground Lessor”) to alterations of or the subleasing of all or any portion of the Ground Leased Property pursuant to a the Ground Lease, Tenant shall likewise obtain such Ground Lessor’s written consent to alterations of or the subleasing of all or any portion of the Ground Leased PropertyProperty (and Landlord will use commercially reasonable efforts to submit such requests to Ground Lessor and cooperate, at no cost or expense to Landlord, with the reasonable requests of Tenant and Ground Lessor to facilitate such requests), and (iiiiv) Tenant shall carry and maintain general liability, automobile liability, property and casualty, worker’s compensation and employer’s liability insurance in amounts and with policy provisions, coverages and certificates as required of Landlord as tenant under the Ground Leases. Without limitation of the preceding sentence or of any other rights or remedies of Landlord hereunder, in the event Tenant fails to comply with its obligations hereunder with respect to Ground Leases (without giving effect to any notice or cure periods thereunder), Landlord shall have the right (but without any obligation to Tenant or any liability for failure to exercise such right), following written notice to Tenant and the passage of a reasonable period of time (except to the extent the failure is of a nature such that it is not practicable for Landlord to provide such prior written notice, in which event Landlord shall provide written notice as soon as practicable) to cure such failure, in which event Tenant shall reimburse Landlord for Landlord’s reasonable costs and expenses incurred in connection with curing such failureLease.

Compliance With Ground Leases. (a) This Master Lease, to the extent affecting and solely with respect to any Ground Leased Property, is and shall be subject and subordinate to all of the terms and conditions of the Ground Leases. Tenant hereby acknowledges that Xxxxxx has reviewed and agreed to all of the terms and conditions of the Ground Leases. Tenant hereby agrees that Tenant shall not do, or fail to do, anything that would cause any violation of the Ground Leases. Without limiting the foregoing, (i) Tenant shall pay Landlord on demand as an Additional Charge hereunder all rent required to be paid by, and other monetary obligations of, Landlord as tenant under the Ground Leases (and, at Landlord’s or Tenant’s option, Tenant shall make such payments directly to the Ground Lessors); Lessors); provided, however, such Additional Charges payable by Tenant shall exclude any additional costs under the Ground Leases which are caused solely by Landlord after the Commencement Date without consent or fault of or omission by Tenant, (ii) to the extent Landlord is required to obtain the written consent of the lessor under any Ground Lease (a “Ground Lessor”) to alterations of or the subleasing of all or any portion of the Ground Leased Property pursuant to a Ground Lease, Tenant shall likewise obtain such Ground Lessor’s written consent to alterations of or the subleasing of all or any portion of the Ground Leased Property, and (iii) Tenant shall carry and maintain general liability, automobile liability, property and casualty, worker’s compensation and employer’s liability insurance in amounts and with policy provisions, coverages and certificates as required of Landlord as tenant under the Ground Leases. Without limitation of the preceding sentence or of any other rights or remedies of Landlord hereunder, in the event Tenant fails to comply with its obligations hereunder with respect to Ground Leases (without giving effect to any notice or cure periods thereunder), Landlord shall have the right (but without any obligation to Tenant or any liability for failure to exercise such right), following written notice to Tenant and the passage of a reasonable period of time (except to the extent the failure is of a nature such that it is not practicable for Landlord to provide such prior written notice, in which event Landlord shall provide written notice as soon as practicable) to cure such failure, in which event Tenant shall reimburse Landlord for Landlord’s reasonable costs and expenses incurred in connection with curing such failure.

Compliance With Ground Leases. Except with respect to the Ground Rent that T-Mobile Collocator is obligated to pay pursuant to Section 4, Tower Operator shall abide by, comply with and perform all applicable terms, covenants, conditions and provisions of each Ground Lease (aincluding terms, covenants, conditions and provisions relating to maintenance, insurance and alterations) This Master Leaseas if Tower Operator were the “ground lessee” under the applicable Ground Lease and, to the extent affecting evidence of such performance must be provided to a Ground Lessor, Tower Operator shall provide such evidence to such Ground Lessor. To the extent that any Ground Lease imposes or requires the performance of the “ground lessee” thereunder of any duty or obligation that is more stringent than or in conflict with any term, covenant, condition or provision of this Agreement, the applicable term, covenant, condition or provision of such Ground Lease shall control and solely with respect shall constitute the duties and obligations of Tower Operator under this Agreement as to the subject matter of such term, covenant, condition or provision. Tower Operator shall be responsible for any breaches of, or defaults under, any Ground Lease that are caused by Tower Operator's authorized agents and employees. In no event shall Tower Operator have any liability to any T-Mobile Group Member for any breach of, or default under, a Ground Leased PropertyLease caused by an act or omission of T-Mobile Collocator, is and shall be subject and subordinate to all of the terms and conditions of the any T-Mobile Lessor or any T-Mobile Group Member. (b)Tower Operator Rights Under Ground Leases. Tenant hereby acknowledges Tower Operator shall be entitled, subject to the provisions of Section 32, to review, negotiate and execute any Tower Operator Negotiated Renewal, waiver, amendment, extension, renewal, sequential lease, adjacent lease, non-disturbance agreement and other documentation relating to Ground Leases that Xxxxxx has reviewed and agreed to all of the terms and conditions of the Ground Leases. Tenant hereby agrees that Tenant shall not do, or fail to do, anything that would cause any violation of the Ground Leases. Without limiting the foregoing, (i) Tenant shall pay Landlord Tower Operator determines in good faith is on demand as an Additional Charge hereunder all rent required to be paid by, and other monetary obligations of, Landlord as tenant under the Ground Leases (and, at Landlord’s or Tenant’s option, Tenant shall make such payments directly to the Ground Lessors); provided, however, such Additional Charges payable by Tenant shall exclude any additional costs under the Ground Leases which are caused solely by Landlord after the Commencement Date without consent or fault of or omission by Tenantcommercially reasonable terms, (ii) is of a nature and on terms to the extent Landlord is required to obtain the written consent which Tower Operator would agree (in light of the lessor under any circumstances and conditions that exist at such time) in the normal course of business if it owned the property to which the Ground Lease (a “Ground Lessor”) to alterations of or the subleasing of all or any portion of the Ground Leased Property pursuant to a Ground Lease, Tenant shall likewise obtain such Ground Lessor’s written consent to alterations of or the subleasing of all or any portion of the Ground Leased Property, relates and (iii) Tenant shall carry otherwise satisfies the following requirements of this Section 5 (each, an “Authorized Ground Lease Document”). T-Mobile Collocator agrees to execute and maintain general liabilitydeliver, automobile liabilityas promptly as reasonably practicable and in any event within 10 Business Days following request therefor by Tower Operator, property any Authorized Ground Lease Document, any Authorized Collocation Agreement Document and casualty, worker’s compensation and employer’s liability insurance in amounts and with policy provisions, coverages and certificates as required of Landlord as tenant under the Ground Leases. Without limitation of the preceding sentence or of any other rights document contemplated and permitted by this Agreement or remedies of Landlord hereunder, in the event Tenant fails necessary to comply with its obligations hereunder with respect to Ground Leases (without giving give effect to any notice or cure periods thereunder), Landlord shall have the right (but without any obligation to Tenant or any liability for failure to exercise such right), following written notice to Tenant intent of this Agreement and the passage of a reasonable period of time other Transaction Documents. (except to the extent the failure is of a nature such that it is not practicable for Landlord to provide such prior written notice, in which event Landlord shall provide written notice as soon as practicable) to cure such failure, in which event Tenant shall reimburse Landlord for Landlord’s reasonable costs and expenses incurred in connection with curing such failure.c)

Compliance With Ground Leases. (a) This Master LeaseTower Operator hereby acknowledges that, as to the extent affecting and solely with respect to any Ground Leased PropertyIncluded Property of each Site, this Agreement is and shall be subject and subordinate to all of the terms and conditions of the applicable Ground LeasesLease of such Site. Tenant hereby acknowledges that Xxxxxx has reviewed From and agreed to all of after the terms and conditions of the Ground Leases. Tenant hereby agrees that Tenant Effective Date, Tower Operator shall not do, promptly pay or fail to do, anything that would cause any violation of the Ground Leases. Without limiting the foregoing, (i) Tenant shall pay Landlord on demand as an Additional Charge hereunder all rent required to be paid by, and other monetary obligations of, Landlord as tenant under the Ground Leases (Rent under each Ground Lease for each Site during the Term of this Agreement when such payments become due and payable and, at Landlord’s or Tenant’s option, Tenant shall make such payments directly if Tower Operator fails to the pay Ground Lessors); provided, however, such Additional Charges payable by Tenant shall exclude any additional costs under the Ground Leases which are caused solely by Landlord after the Commencement Date without consent or fault of or omission by Tenant, (ii) to the extent Landlord is required to obtain the written consent of the lessor Rent under any Ground Lease (on a “Ground Lessor”) timely basis as required hereby, Tower Operator shall be responsible for any applicable late charges, fees or interest payable to alterations of or the subleasing of all or any portion of the Ground Leased Property pursuant Lessor arising after the Effective Date. Tower Operator shall abide by, comply with and perform all applicable terms, covenants, conditions and provisions of each Ground Lease (including terms, covenants, conditions and provisions relating to maintenance, insurance and alterations) as if Tower Operator were the “ground lessee” under the applicable Ground Lease and, to the extent evidence of such performance must be provided to a Ground Lessor, Tower Operator shall provide such evidence to such Ground Lessor (in each case unless such performance obligation is such that it requires performance by an AT&T Collocator of such obligations pursuant to the applicable Ground Lease or the MPL Site MLA). Should any Ground Lessor refuse the payment of Ground Rent for an applicable Site from any Person other than the applicable AT&T Lessor or its Affiliate, as applicable, then such AT&T Lessor or its Affiliate, as applicable, shall promptly pay such amount after Tower Operator pays or causes such amount to be paid to such AT&T Lessor or its Affiliate with instructions for such AT&T Lessor or its Affiliate, as applicable, to pay such amount to the applicable Ground Lessor. To the extent that any Ground Lease imposes or requires the performance by the “ground lessee” thereunder of any duty or obligation that is more stringent than or in conflict with any term, covenant, condition or provision of this Agreement, the applicable term, covenant, condition or provision of such Ground Lease shall control and shall constitute the duties and obligations of Tower Operator under this Agreement as to the subject matter of such term, covenant, condition or provision. Tower Operator shall be responsible for any breaches of, or defaults under, any Ground Lease that are caused by Tower Operator or its authorized agents and employees. Tower Operator shall not engage in, and shall use commercially reasonable efforts to prevent any Tower Subtenant from engaging in, any conduct that would (i) constitute a breach of or default under any Ground Lease or (ii) result in the Ground Lessor being entitled to terminate the applicable Ground Lease or to terminate the applicable AT&T Lessor’s or AT&T Ground Lease Party’s right as ground lessee under such Ground Lease, Tenant shall likewise obtain such Ground Lessor’s written consent or to alterations of or the subleasing of all or any portion of the Ground Leased Property, and (iii) Tenant shall carry and maintain general liability, automobile liability, property and casualty, worker’s compensation and employer’s liability insurance in amounts and with policy provisions, coverages and certificates as required of Landlord as tenant under the Ground Leases. Without limitation of the preceding sentence or of exercise any other rights or remedies of Landlord hereunder, in to which Ground Lessor may be entitled for a default or breach under the applicable Ground Lease. In no event Tenant fails to comply with its obligations hereunder with respect to Ground Leases (without giving effect shall Tower Operator have any liability to any notice AT&T Group Member for any breach of, or cure periods thereunder)default under, Landlord shall have the right (but without a Ground Lease caused by an act of, or failure to perform a duty required to be performed by, AT&T Collocator, any obligation to Tenant AT&T Lessor, any AT&T Ground Lease Party or any liability for failure to exercise such right), following written notice to Tenant and AT&T Group Member or a breach of this Agreement or the passage of a reasonable period of time (except to the extent the failure is of a nature such that it is not practicable for Landlord to provide such prior written notice, in which event Landlord shall provide written notice as soon as practicable) to cure such failure, in which event Tenant shall reimburse Landlord for Landlord’s reasonable costs and expenses incurred in connection with curing such failureMPL Site MLA by any AT&T Collocator or any AT&T Lessor.