Common use of Excluded Site Clause in Contracts

Excluded Site. Seller may elect by written notice to Buyer given at ------------- any time prior to the transfer of such Site to Buyer to exclude any Restricted Site from the Portfolio and from the transactions contemplated hereby (any such excluded Site no longer being referred to as a Restricted Site and being referred to as an "Excluded Site"). If Seller elects to designate a Site as an ------------- Excluded Site pursuant to this Section 3.2(a), Buyer may, at any time prior to the Final Closing with respect to any Site that (x) is not identified in Exhibits N or O attached hereto, and (y) with respect to which no consent is ---------- - required under any SNFA Agreement, require Seller to transfer such Site to Buyer at the Applicable Purchase Price, provided, however, that in such event, -------- ------- notwithstanding anything to the contrary in this Agreement, Seller shall not be responsible for, and Buyer agrees to indemnify Seller from and against, any Liabilities resulting from or arising in connection with any Exceptions applicable to such Site and no such Exception shall be considered when determining whether a Material Adverse Effect on Seller or the Portfolio has or is reasonably likely to occur. Subject to the preceding sentence, all references to any Site designated by Seller as an Excluded Site in this Agreement and the Schedules or Exhibits attached hereto shall be deemed to have been deleted, all Exceptions related to such Excluded Site shall no longer be Exceptions, such Excluded Site shall no longer be a "Site" to be transferred or sold pursuant to this Agreement and the Total Purchase Price shall be reduced by the Applicable Purchase Price for such Site.

Excluded Site. Seller Contributors may elect elect, by written notice to Buyer Lessee given at ------------- any time within ten (10) business days prior to the transfer of Initial Closing Date, to exclude such Site to Buyer to exclude any Restricted Site from the Portfolio and from the transactions contemplated hereby by this Agreement (any such excluded Site no longer being referred to as a Restricted Site and being referred to as Site, an "Excluded Site"); provided that there will be no more than fifty (50) Excluded Sites. If Seller elects Contributors elect to designate a Site as an ------------- Excluded Site pursuant to this Section 3.2(a3.3(b)(i), Buyer Lessee may, at any time prior to the Final Closing with respect to any Site that (x) is not identified in Exhibits N or O attached hereto, and (y) with respect to which no consent is ---------- - required under any SNFA AgreementInitial Closing, require Seller Contributors to transfer contribute their right, title and interest to the Leased Property of such Site to Buyer at Lessor and cause Lessor to Lease the Applicable Purchase Price, Leased Property of such Site to Lessee pursuant to the terms and conditions of the Lease Agreement; provided, however, that in such event, -------- ------- notwithstanding anything to the contrary in this Agreement, Seller shall Contributors and Lessor will not be responsible for, and Buyer Lessee agrees to indemnify Seller Contributors and Lessor from and against, any Liabilities resulting from or arising in connection with any Exceptions applicable to such Site and no such Exception shall will 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 Seller Contributors as an Excluded Site in this Agreement and the Schedules or Exhibits attached hereto shall to this Agreement will be deemed to have been deleted, all Exceptions related to such Excluded Site shall will no longer be Exceptions, and such Excluded Site shall will no longer be a "Site" to be transferred operated or sold Leased pursuant to this Agreement and the Total Purchase Price shall be reduced by the Applicable Purchase Price for such SiteLease Agreement.

Excluded Site. Seller 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 Buyer others given at ------------- any time prior to the transfer of such Site to Buyer Initial Closing to exclude any Restricted such Casualty Site from the Portfolio and from the transactions contemplated hereby by this Agreement (any such excluded Casualty Site no longer being referred to as a Restricted Casualty Site and being referred to as an "Excluded Site"). If Seller elects Contributors elect to designate a Site as an ------------- Excluded Site pursuant to this Section 3.2(a3.7(a), Buyer Lessee may, at any time prior to the Final Closing Date with respect to any Site that (x) is does not identified in Exhibits N or O attached hereto, and (y) with respect to which no consent is ---------- - required under contain any SNFA AgreementSprint Collocation Space, require Seller Contributors to transfer contribute their right, title and interest in and to the Leased Property of such Site to Buyer at Lessor and cause Lessor to Lease the Applicable Purchase Price, Leased Property of such Site to Lessee pursuant to the terms and conditions of the Lease Agreement; provided, however, that in such event, -------- ------- notwithstanding anything to the contrary in this Agreement, Seller shall Contributors and Lessor will not be responsible for, and Buyer Lessee agrees to indemnify Seller Contributors and Lessor from and against, any Liabilities resulting from or arising in connection with any Exceptions applicable to the structure of such Site and no structural defects of such Exception shall Site will 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 Seller Contributors and/or, after the Initial Closing, Lessor as an Excluded Site in this Agreement and the Schedules or Exhibits attached hereto shall to this Agreement will be deemed to have been deleted, all Exceptions related to and such Excluded Site shall no longer be Exceptions, such Excluded Site shall will no longer be a "Site" to be transferred Leased or sold operated by Lessee pursuant to this Agreement and the Total Purchase Price shall be reduced by the Applicable Purchase Price for such SiteLease Agreement.

Excluded Site. (i) Seller may elect by written notice to Buyer ------------- given at ------------- any time prior to the transfer of such Site to Buyer to exclude any Restricted Casualty Site from the Portfolio and from the transactions contemplated hereby (any such excluded Casualty Site no longer being referred to as a Restricted Casualty Site and being referred to as an "Excluded Site"). If Seller elects to designate a Site as an ------------- Excluded Site pursuant to this Section 3.2(a3.8(a), Buyer may, at any time prior to the Final Closing with respect to any Site that (x) is not identified in Exhibits N or O attached hereto, and (y) with respect to which no consent is ---------- - required under any SNFA Agreement, require Seller to ---------- - transfer such Site to Buyer at the Applicable Purchase Price, ; provided, -------- however, that in such event, -------- ------- notwithstanding anything to the contrary in ------- this Agreement, Seller shall not be responsible for, and Buyer agrees to indemnify Seller from and against, any Liabilities resulting from or arising in connection with any Exceptions applicable to the structure of such Site and no structural defects of such Exception Site shall be considered when determining whether a Material Adverse Effect on Seller or the Portfolio has or is reasonably likely to occur. Subject to the preceding sentence, all references to any Site designated by Seller as an Excluded Site in this Agreement and the Schedules or Exhibits attached hereto shall be deemed to have been deleted, all Exceptions related to such Excluded Site shall no longer be Exceptions, such Excluded Site shall no longer be a "Site" to be transferred or sold pursuant to this Agreement Agreement, and the Total Purchase Price shall be reduced by the Applicable Purchase Price for such Site.