Common use of Excluded Site Clause in Contracts

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 foreclosureContributors may elect, deed-in-lieu of foreclosure, or similar proceeding involving a Ground Lessor Lien, any party may elect by written notice to others Lessee given at any time within ten (10) business days prior to the Initial Closing Date, 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 excluded Site, an "Excluded Site"); provided that there will be no more than fifty (50) Excluded Sites. If Contributors elect to designate a Site as an Excluded Site pursuant to this Section 3.7(a3.3(b)(i), Lessee may, at any time prior to the Final Closing Date with respect to any Site that does not contain any Sprint Collocation SpaceInitial Closing, 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 any Exceptions applicable to such Site and no structural defects of such Site Exception 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, all Exceptions related to such Excluded Site will no longer be Exceptions, and such Excluded Site will no longer be a "Site" to be operated or 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 Ground Lessor Lien, any party Seller may elect by written notice to others Buyer given at ------------- any time prior to the Initial Closing transfer of such Site to Buyer to exclude such Casualty any Restricted Site from the Portfolio and from the transactions contemplated by this Agreement hereby (any such Casualty excluded Site no longer being referred to as a Casualty Restricted Site and being referred to as an "Excluded Site"). If Contributors elect Seller elects to designate a Site as an ------------- Excluded Site pursuant to this Section 3.7(a3.2(a), Lessee Buyer may, at any time prior to the Final Closing Date with respect to any Site that does (x) is not contain identified in Exhibits N or O attached hereto, and (y) with respect to which no consent is ---------- - required under any Sprint Collocation SpaceSNFA Agreement, require Contributors Seller to contribute their right, title and interest in and to the Leased Property of transfer such Site to Lessor and cause Lessor to Lease Buyer at the Leased Property of such Site to Lessee pursuant to the terms and conditions of the Lease Agreement; Applicable Purchase Price, provided, however, that in such event, -------- ------- notwithstanding anything to the contrary in this Agreement, Contributors and Lessor will Seller shall not be responsible for, and Lessee Buyer agrees to indemnify Contributors and Lessor Seller from and against, any Liabilities resulting from or arising in connection with the structure of any Exceptions applicable to such Site and no structural defects of such Site will Exception shall be considered when determining whether a Material Adverse Effect on Seller or the Portfolio 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 Seller as an Excluded Site in this Agreement and the Schedules or Exhibits attached to this Agreement will hereto shall be deemed to have been deleted, and all Exceptions related to such Excluded Site will shall no longer be Exceptions, such Excluded Site shall no longer be a "Site" to be Leased transferred or operated by Lessee sold pursuant to this Agreement and the Lease AgreementTotal Purchase Price shall be reduced by the Applicable Purchase Price for such Site.

Excluded Site. If such Site is a Casualty Site as a result of a condemnation (or pending condemnationi) or a foreclosure, deed-in-lieu of foreclosure, or similar proceeding involving a Ground Lessor Lien, any party Seller may elect by written notice to others Buyer ------------- given at any time prior to the Initial Closing transfer of such Site to Buyer to exclude such any Casualty Site from the Portfolio and from the transactions contemplated by this Agreement hereby (any such Casualty Site no longer being referred to as a Casualty Site and being referred to as an Excluded Site). If Contributors elect Seller elects to designate a Site as an Excluded Site pursuant to this Section 3.7(a3.8(a), Lessee Buyer may, at any time prior to the Final Closing Date with respect to any Site that does is not contain any Sprint Collocation Spaceidentified in Exhibits N or O attached hereto, require Contributors Seller to contribute their right, title and interest in and to the Leased Property of ---------- - transfer such Site to Lessor and cause Lessor to Lease Buyer at the Leased Property of such Site to Lessee pursuant to the terms and conditions of the Lease AgreementApplicable Purchase Price; provided, -------- however, that in such event, notwithstanding anything to the contrary in ------- this Agreement, Contributors and Lessor will Seller shall not be responsible for, and Lessee Buyer agrees to indemnify Contributors and Lessor Seller 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 shall be considered when determining whether a Material Adverse Effect on Seller or the Portfolio 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 Seller as an Excluded Site in this Agreement and the Schedules or Exhibits attached to this Agreement will hereto shall be deemed to have been deleted, and such Excluded Site will shall no longer be a "Site" to be Leased transferred or operated by Lessee sold pursuant to this Agreement Agreement, and the Lease AgreementTotal Purchase Price shall be reduced by the Applicable Purchase Price for such Site.