Excluded Site Clause Samples
Excluded Site. If such Site is a Casualty Site as a result of a condemnation (or pending condemnation) or a foreclosure, deed-in-lieu of foreclosure, or similar proceeding involving a Ground Lessor Lien, any party may elect by written notice to others given at any time prior to the Initial Closing to exclude such Casualty Site from the transactions contemplated by this Agreement (any such Casualty Site no longer being referred to as a Casualty Site and being referred to as an Excluded Site). If Contributors elect to designate a Site as an Excluded Site pursuant to this Section 3.7(a), Lessee may, at any time prior to the Final Closing Date with respect to any Site that does not contain any Sprint Collocation Space, require Contributors to contribute their right, title and interest in and to the Leased Property of such Site to Lessor and cause Lessor to Lease the Leased Property of such Site to Lessee pursuant to the terms and conditions of the Lease Agreement; provided, that in such event, notwithstanding anything to the contrary in this Agreement, Contributors and Lessor will not be responsible for, and Lessee agrees to indemnify Contributors and Lessor from and against, any Liabilities resulting from or arising in connection with the structure of such Site and no structural defects of such Site will be considered when determining whether a Material Adverse Effect has occurred or is reasonably likely to occur. Subject to the preceding sentence, all references to any Site designated by Contributors and/or, after the Initial Closing, Lessor as an Excluded Site in this Agreement and the Schedules or Exhibits attached to this Agreement will be deemed to have been deleted, and such Excluded Site will no longer be a "Site" to be Leased or operated by Lessee pursuant to this Agreement and the Lease Agreement.
Excluded Site. If such Site is a Casualty Site as a result of a condemnation (or pending condemnation) or a foreclosure, deed-in-lieu of foreclosure or similar proceeding involving a Lien or Ground Lessor Mortgage, any Party may elect by written notice to the other Parties given no later than 5 business days prior to the Applicable Closing to exclude such Casualty Site from the transactions contemplated by this Agreement (any such Casualty Site no longer being referred to as a Casualty Site and being referred to as an Excluded Site).
Excluded Site. To the extent that any Portfolio Site is the subject of indemnity Claim under this Article IX, SM will have the right to designate such Portfolio Site as an Excluded Site by delivering to Buyer a written notice of such designation. Within five (5) Business Days after ▇▇▇▇▇’s receipt of such notice, the Parties shall take all actions, make all payments and execute all documents reasonably necessary (and any necessary amendments to existing documentation as appropriate) to ensure that the Parties are in the same legal position as they would have been if such Portfolio Site was an Excluded Site at the Initial Closing, including, if applicable: (a) rescinding the transaction(s) that occurred with respect to such Portfolio Site at any Closing under this Agreement and the Collateral Agreements and Buyer or SM, as applicable, paying the Net Amount for such Portfolio Site to SM or Buyer, as applicable; and (b) executing and delivering, as applicable: (i) amended schedules and exhibits to the SM Ground Space Lease; (ii) amended schedules and exhibits to the Management Agreement; and (iii) amended schedules or exhibits to all other applicable Collateral Agreements, in each case, in order to reflect the revised Site Designation(s).