Engagement of Vendor. (a) SBCW hereby engages Vendor, for the Term of this Agreement as provided in Section 3.03, to develop and construct Towers and Improvements on the BTS Sites (subject to any right of SBCW to terminate this Agreement under any applicable provision of this Agreement), and perform the Services all as required by this Agreement. SBCW reserves the right to construct and install all of the Constructed Improvements and its Communications Equipment on the BTS Sites; provided, however, that SBCW shall have the right to request that Vendor construct and install one or more concrete equipment pads or raised platforms capable of accommodating SBCW's or SBCW Party's buildings, huts or equipment shelters at each BTS Site. The parties acknowledge that all Constructed Improvements developed and constructed by SBCW or Vendor on any BTS Site are intended to constitute a part of SBCW's Improvements, and are not intended to be shared by Space Subtenants or constitute a part of the Improvements. The parties further acknowledge that Improvements, other than Constructed Improvements, do not constitute a part of SBCW's Improvements. Vendor hereby accepts such engagement in accordance with the terms and conditions of this Agreement. Vendor shall construct the Tower and Improvements at each BTS Site in accordance with the Implementation Plan and applicable Site Schedule. Vendor shall perform and be responsible for all responsibilities assigned to Vendor in the Vendor Responsibility Matrix attached hereto as Annex B. In addition to the engagement provided for in this Section 3.01, Vendor acknowledges and agrees that SBCW may engage Vendor on behalf of any Affiliate of SBCW or of the SBCW Parties (e.g., Bell Xxxth wireless companies) to develop and construct up to a maximum of one hundred (100) Towers and Improvements on BTS Sites located within the Territory and to perform the Services as required under this Agreement for such Towers. Upon the occurrence of the applicable events hereinafter described in this Agreement, the applicable Affiliate of the SBCW Parties shall occupy the Leased Space subject to the terms of the BTS Sublease.
(b) Subject to Sections 3.02(a) and 3.02(b), Vendor's compensation for Completion of the Work on BTS Sites pursuant to this Agreement and performance of the Services, or any part thereof, will be derived solely from the payment of the BTS Rent by SBCW pursuant to the BTS Sublease (notwithstanding that such BTS Rent may be paid to an Affiliate of Vendor)...
Engagement of Vendor. 9 Section 3.02.Identification of Collocation Sites..........................10 Section 3.03.Term. 11 Section 3.04.
Engagement of Vendor. The County hereby engages the Vendor and the Vendor promises and agrees to furnish to the County, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary (the “Services”) for the project described in the statement of work set out in Schedule “D” to this Agreement (the “Project”). The Services are more particularly described in Schedule “A” and in the statement of work set out in Schedule “D” attached hereto and incorporated herein by reference. The Vendor agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services are provided.
Engagement of Vendor. The City engages the Vendor and the Vendor promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary (the “Services”) for the project described in the statement of work set out in Schedule “D” to this Agreement (the “Statement of Work”). The Services are more particularly described in Schedule “A” and in the Statement of Work. The Vendor agrees to perform the Services in accordance with the terms and conditions of this Agreement, the schedules, the exhibits, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services are provided.
Engagement of Vendor. 10 3.02 Term................................................................... 11 3.03
Engagement of Vendor. The Customer hereby engages the Vendor and the Vendor promises and agrees to furnish to the Customer, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary (the “Services”) for the project described in the statement of work set out in ATTACHMENT D to this Agreement (the “Project”). The Services are more particularly described in ATTACHMENT A and in the statement of work set out in ATTACHMENT D attached hereto and incorporated herein by reference.
Engagement of Vendor. On the terms and conditions set forth in DIR Contract DIR-CPO-4411 and this Agreement, the Customer hereby engages the Vendor on a non-exclusive basis, and the Vendor hereby accepts such engagement, to develop and provide the products or services, as described and agreed upon by the parties in any statement of work entered into by both parties in accordance with the terms of this Agreement (each a “Statement of Work”). Each Statement of Work will describe the terms and scope of an individual project or series of related projects to be performed by the Vendor for, or in collaboration with, the Customer (each, a “Project”), including: (a) the Customer for whom such work is being performed; (b) the tasks to be performed and the goods, products, merchandise and materials to be provided; (c) the schedule for the Project; (d) the Deliverables to be received; (e) the specifications of the Deliverables, if any; (f) the fees and expenses for the Project; (g) the location of the Project; and
Engagement of Vendor. 10 3.02 Term ................................................................ 10 3.03 Time for Commencement and Completion ................................ 10 3.04 Relationship ........................................................ 11
Engagement of Vendor. (a) Subject to the provisions of Article 9, BellSouth hereby engages Vendor to acquire the Sites, construct and install the Towers and Improvements thereon, and perform the Services in connection with each Site, all as required by this Agreement. Vendor hereby accepts such engagement in accordance with the terms and conditions of this Agreement. Vendor shall construct Sites in Clusters according to the applicable Site Schedule and applicable Project Schedule. Vendor shall perform and be responsible for all responsibilities assigned to Vendor in the Vendor Responsibility Matrix attached as Annex D.
(b) Except as set forth in the following sentence and in Article 7, Vendor's entire compensation for the Project or any part thereof will be derived solely from the payments of rent by BellSouth for each Site, pursuant to the terms of the Master Lease and the applicable Site Lease. In the event that BellSouth withdraws a Site from this Agreement for any reason except in connection with Section 4.02(e) or 13.05(a), BellSouth shall pay Vendor for all of Vendor's reasonable out-of-pocket costs directly incurred, to the date of withdrawal, in connection with such Site ("Withdrawal Costs"), including, without limitation, reasonable third party vendor costs plus a fee to cover overhead and employee time equal to ten percent (10%) of the amount of any Withdrawal Costs; provided that Vendor has provided BellSouth with substantiation of such Withdrawal Costs in reasonable detail.
Engagement of Vendor. The Company may engage Vendor from time to time to provide products or services on behalf of the Company in accordance with the provisions of one or more engagement letters or proposals with respect to such services entered into between the Company and Vendor (each an “Engagement Letter”), and Vendor agrees that the terms and conditions of any such Engagement Letter shall be deemed to incorporate the terms and conditions of this Agreement. If there is any conflict between the terms and conditions of this Agreement and the terms and conditions of the Engagement Letter, the terms and conditions of this Agreement shall prevail. 142236.1
