Infrastructure Replacements Clause Samples

Infrastructure Replacements. Where Licensee is unable to place an Attachment and/or Equipment Attachment on an Infrastructure item because the addition of Licensee’s Attachment and/or Equipment Attachment exceeds the applicable loading requirements set forth in the Applicable Standards in the Master or otherwise is unable to accommodate Licensee’s proposed Attachment and/or Equipment Attachment, METRO may, at METRO’s sole discretion, allow Licensee to replace an existing Infrastructure item for a taller or stronger infrastructure item to accommodate an Attachment and/or Equipment Attachment request by Licensee. Said replacement Infrastructure shall be of substantially the same quality, functionality and appearance of the existing Infrastructure that is being replaced, shall comply with all federal, state and local law, shall be architecturally compatible with the surrounding existing infrastructure and shall be subject to approval by Metro Public Works, which may choose to publish standards and specifications for such Infrastructures. In all instances, the replaced Infrastructure will remain the property of METRO but Licensee shall maintain it so that there is no issue with ongoing functionality of the purpose that it serves for METRO. While Licensee will generally have the maintenance obligation, Metro reserves the right to perform its own maintenance and upon request by Metro, Licensee will give Metro first priority access to the Infrastructure for any maintenance and repair. In the event of any damage to Infrastructure by a third party, Licensee is responsible for repairing the damage, up to and including replacing the damaged Infrastructure; replacements must meet the standards specified above, including approval by Metro Public Works. In the event that the Infrastructure is totally damaged by a third party and must be replaced by Licensee, Licensee shall be entitled to a construction rent abatement in the amount of one year’s rent. If the damage to the Infrastructure by a third party is not total, Licensee may present to Metro its invoice for any reasonably necessary repair incurred, and Metro shall grant Licensee a rent abatement in the amount of the invoice, unless Metro disputes the reasonableness of the invoice or necessity of the repair. If the parties cannot agree as to the reasonableness of the invoice or the necessity of the repair, the dispute resolution process provided for in the MLA shall be used to resolve the dispute. At Metro’s sole discretion and approval, the Inf...