Common use of ICT Rights Clause in Contracts

ICT Rights. Developer shall have the right through private contracts with Vertical Developers to provide information and communications technology (“ICT”) design, site development, installation, operations and services for all Vertical Improvements at the Project Site, excluding the Agency Affordable Projects and other Public Property (the “ICT Rights”). In connection with the ICT Rights, Developer shall have the right to install equipment related to the ICT in or on the real property that is or will become public right of way, subject to City and Agency Approvals in accordance with the Applicable City Regulations. Developer’s right shall not restrict the City or regulated entities (including certificated telecommunications carriers and franchised video providers) from installing communications and other facilities in or on the real property that is or will become public right of way. The ICT Rights shall be transferable by Developer and, to the extent that Developer Transfers portions of the Project Site to Vertical Developers as permitted in this DDA, Developer shall have the right to impose ICT requirements on the Vertical Improvements. The ICT Rights shall mean the right to: (i) define and establish the high level ICT designs, standards, architectures, plans, minimum specifications for all equipment, including any Internet Protocol (“IP”) enabled devices, that may connect to the regulated public communications networks and fiber optic networks, whether wireless or fixed line, in buildings and common areas, excluding regulated telecommunications services (“ICT Design”); (ii) define and establish functional equipment standards for all ICT hardware and software products and solutions, including any IP enabled devices (“ICT Products and Solutions”), compliant with the ICT Design; and (iii) review and approve any ICT Products and Solutions for compliance with the ICT Design. Notwithstanding anything to the contrary in this Section 7.9, a termination of this DDA by the Agency shall terminate Developer’s rights under this Section 7.9 with respect to any portion of the Project Site as to which Developer’s development rights are terminated. Nothing in this Section 7.9 shall prevent an Owner/Occupant at the Project Site from purchasing communications, video and other IP services from regulated entities including certificated telecommunications carriers and franchised video providers.

ICT Rights. Developer shall have the right through private contracts with Vertical Developers to provide information and communications technology (“ICT”) design, site development, installation, operations and services for all Vertical Improvements at the Project Site, excluding the Agency Affordable Projects Authority Housing Units and other Public Property (the “ICT Rights”). In connection with the ICT Rights, Developer shall have the right to install equipment related to the ICT in or on the real property that is or will become public right of way, subject to City and Agency Authority Approvals in accordance with the Applicable City Regulations. Developer’s right shall not restrict the City or regulated entities (including certificated telecommunications carriers and franchised video providers) from installing communications and other facilities in or on the real property that is or will become public right of way. The ICT Rights shall be transferable by Developer and, to the extent that Developer Transfers portions of the Project Site to Vertical Developers as permitted in this DDA, Developer shall have the right to impose ICT requirements on the Vertical Improvements. The ICT Rights shall mean the right to: (i) define and establish the high level ICT designs, standards, architectures, plans, minimum specifications for all equipment, including any Internet Protocol (“IP”) enabled devices, that may connect to the regulated public communications networks and fiber optic networks, whether wireless or fixed line, in buildings and common areas, excluding regulated telecommunications services (“ICT Design”); (ii) define and establish functional equipment standards for all ICT hardware and software products and solutions, including any IP enabled devices (“ICT Products and Solutions”), compliant with the ICT Design; and (iii) review and approve any ICT Products and Solutions for compliance with the ICT Design. Notwithstanding anything to the contrary in this Section 7.9, a termination of this DDA by the Agency Authority shall terminate Developer’s rights under this Section 7.9 with respect to any portion of the Project Site as to which Developer’s development rights are terminated. Nothing in this Section 7.9 shall prevent an Owner/Occupant at the Project Site from purchasing communications, video and other IP services from regulated entities including certificated telecommunications carriers and franchised video providers.