Installation and Improvements. Prior to installing or allowing any Equipment to be installed at the Site or making any changes, modifications or alterations to such Equipment, Tenant, at its expense, will obtain all required approvals and will submit to Owner plans, specifications and proposed dates of the planned installation or other activity, for Owner’s approval which approval will not be unreasonably withheld, including, if requested by Owner, a tower loading study and/or an intermodulation study performed and certified by an independent licensed professional engineer. The approved plans will be deemed incorporated into this Agreement. All installation of or other work on Tenant’s Equipment on the Tower will be at Tenant’s sole expense and performed by Owner or one of its affiliates or subsidiaries. All installations, operation and maintenance of Equipment must be in accordance with Owner’s policies set forth in Exhibit D. Owner reserves the right to prohibit operation of any Equipment it reasonably deems to be improperly installed, unsafe or not included in the installation design plan. Owner agrees to cooperate with Xxxxxx’s reasonable requests, at Xxxxxx’s expense, with respect to obtaining any required zoning approvals for the Site and any improvements. Upon termination or expiration of this Agreement, Tenant shall remove its Equipment and improvements and will restore the Site to the condition existing on the Commencement Date, except for ordinary wear and tear and insured casualty loss. If Tenant fails to remove its Equipment as specified in the preceding sentence, Tenant’s Equipment will be subject to disconnection, removal, and disposal by Owner. If Tenant’s Equipment remains on the Site after the termination or expiration date (even if it has been disconnected), Tenant will pay to Owner a hold-over fee equal to two hundred percent (200%) of the then- effective monthly Rent, prorated from the effective date of termination to the date the Equipment is removed from the Site. Owner will have the right (but not the obligation) to disconnect and remove Equipment from the Site. If, after the termination date, Owner disconnects and removes Equipment, Tenant will pay to Owner upon demand three hundred percent (300%) of the disconnection, removal and storage expenses incurred by or on behalf of Owner. If the Equipment is not reclaimed by Tenant within forty-five (45) days of its removal from the Site, Owner has the right to sell the Equipment and deduct therefrom any amounts due under this Agreement, returning the remainder to Tenant. Upon written notice by Owner to Tenant not less than five (5) business days beforehand, unless such notice cannot reasonably be provided in which event Owner will give Tenant the earliest possible reasonable notice, Tenant will cooperate with Owner in rescheduling its transmitting activities, reducing power, or interrupting its activities for limited periods of time in the event of an emergency or in order to permit the safe installation of new equipment or new facilities at the Site or to permit repair to facilities of any user of the Site or to the related facilities.
Appears in 1 contract
Samples: Antenna Site Agreement
Installation and Improvements. Prior to installing or allowing any Equipment to be installed at the Site or making any changes, modifications or alterations to such Equipment, Tenant, at its expense, will obtain all required governmental approvals and will submit to Owner plans, plans and specifications and proposed dates of the planned installation or other activity, proposed to be performed, for Owner’s 's approval which approval will not be unreasonably withheld, including, if requested by Owner, a tower loading study and/or an intermodulation study performed and certified by an independent licensed professional engineer. The approved plans will be deemed incorporated into this Agreement. All installation of or other work on Tenant’s Equipment on the Tower 's equipment will be at Tenant’s 's sole expense and will be performed by Owner or one of its Owner's affiliates or subsidiariessubsidiaries which services shall be performed at fair market rates. In the event that Owner does not offer to perform such services at fair market rates, Tenant will have the right to utilize a different subcontractor to perform the work, provided, however, that Tenant shall give Owner the right to perform such work at the price at which the subcontractor that Tenant wished to hire has offered to perform such work. Any subcontractor must be approved by Owner prior to commencement of work. All installations, operation and maintenance of Equipment must be in accordance with Owner’s 's policies set forth in Exhibit EXHIBIT D. All installation of or other work on Tenant's equipment will be at Tenant's sole expense. If the work is performed by someone other than Owner or Owner's affiliate, upon completion of installation of any Equipment on the Site, Owner will have the right to inspect and reasonably approve all installation work. Owner reserves the right to prohibit operation of any Equipment it reasonably deems to be improperly installed, unsafe or not included in the installation design plan. Owner agrees to cooperate with Xxxxxx’s Tenant's reasonable requests, at Xxxxxx’s Tenant's expense, with respect to obtaining any required zoning approvals for the Site and any improvements. Upon termination or expiration of this Agreement, Tenant shall remove its Equipment and improvements Improvements and will restore repair any damage caused by the removal of the Equipment from the Site to the condition existing on the Commencement Date, except for the ordinary wear and tear and insured casualty loss. If Tenant fails to remove its Equipment So long as specified in the preceding sentence, Tenant’s Equipment will be subject to disconnection, removal, and disposal by Owner. If Tenant’s 's Equipment remains on the Site after the termination or expiration date (even if it has been disconnected), Tenant will pay to Owner a hold-over fee equal to two hundred percent (200%) [***] of the then- then-effective monthly Rentrent ("Hold-Over Fee"), prorated from the effective date of termination to the date the Equipment is removed from the Site, provided the equipment is removed within 120 days of the effective date of termination or expiration ("Removal Period"). If Tenant's equipment is not removed within 45 days after the Removal Period, Owner will shall have the right (but not the obligation) to disconnect and remove Equipment from the Site. If, after the termination date, Owner disconnects Tenant's equipment and removes Equipment, Tenant will continue to pay to Owner upon demand three hundred percent (300%) of the disconnection, removal and storage expenses incurred by or on behalf of Owner. If the Equipment is not reclaimed by Tenant within fortyHold-five (45) days of its removal from the Site, Owner has the right to sell the Equipment and deduct therefrom any amounts due under this Agreement, returning the remainder to Tenant. Upon written notice by Owner to Tenant not less than five (5) business days beforehand, unless such notice cannot reasonably be provided in which event Owner will give Tenant the earliest possible reasonable notice, Tenant will cooperate with Owner in rescheduling its transmitting activities, reducing power, or interrupting its activities for limited periods of time in the event of an emergency or in order to permit the safe installation of new equipment or new facilities at the Site or to permit repair to facilities of any user of the Site or to the related facilitiesOver Fee.
Appears in 1 contract
Installation and Improvements. Prior to installing or allowing any Equipment to be installed at the Site or making any changes, modifications or alterations to such Equipment, Tenant, at its expense, will obtain all required governmental approvals and will submit to Owner plans, plans and specifications and proposed dates of the planned installation or other activity, proposed to be performed, for Owner’s 's approval which approval will not be unreasonably withheld, including, if requested by Owner, a tower loading study and/or an intermodulation study performed and certified by an independent licensed professional engineer. The approved plans will be deemed incorporated into this Agreement. All installation of or [***] - CONFIDENTIAL TREATMENT REQUESTED other work on Tenant’s Equipment on the Tower 's equipment will be at Tenant’s 's sole expense and will be performed by Owner or one of its Owner's affiliates or subsidiariessubsidiaries which services shall be performed at fair market rates. In the event that Owner does not offer to perform such services at fair market rates, Tenant will have the right to utilize a different subcontractor to perform the work, provided, however, that Tenant shall give Owner the right to perform such work at the price at which the subcontractor that Tenant wished to hire has offered to perform such work. Any subcontractor must be approved by Owner prior to commencement of work. All installations, operation and maintenance of Equipment must be in accordance with Owner’s 's policies set forth in Exhibit EXHIBIT D. All installation of or other work on Tenant's equipment will be at Tenant's sole expense. If the work is performed by someone other than Owner or Owner's affiliate, upon completion of installation of any Equipment on the Site, Owner will have the right to inspect and reasonably approve all installation work. Owner reserves the right to prohibit operation of any Equipment it reasonably deems to be improperly installed, unsafe or not included in the installation design plan. Owner agrees to cooperate with Xxxxxx’s Tenant's reasonable requests, at Xxxxxx’s Tenant's expense, with respect to obtaining any required zoning approvals for the Site and any improvements. Upon termination or expiration of this Agreement, Tenant shall remove its Equipment and improvements Improvements and will restore repair any damage caused by the removal of the Equipment from the Site to the condition existing on the Commencement Date, except for the ordinary wear and tear and insured casualty loss. If Tenant fails to remove its Equipment So long as specified in the preceding sentence, Tenant’s Equipment will be subject to disconnection, removal, and disposal by Owner. If Tenant’s 's Equipment remains on the Site after the termination or expiration date (even if it has been disconnected), Tenant will pay to Owner a hold-over fee equal to two hundred percent (200%) [***] of the then- then-effective monthly Rentrent ("Hold-Over Fee"), prorated from the effective date of termination to the date the Equipment is removed from the Site, provided the equipment is removed within 120 days of the effective date of termination or expiration ("Removal Period"). If Tenant's equipment is not removed within 45 days after the Removal Period, Owner will shall have the right (but not the obligation) to disconnect and remove Equipment from the Site. If, after the termination date, Owner disconnects Tenant's equipment and removes Equipment, Tenant will continue to pay to Owner upon demand three hundred percent (300%) of the disconnection, removal and storage expenses incurred by or on behalf of Owner. If the Equipment is not reclaimed by Tenant within fortyHold-five (45) days of its removal from the Site, Owner has the right to sell the Equipment and deduct therefrom any amounts due under this Agreement, returning the remainder to Tenant. Upon written notice by Owner to Tenant not less than five (5) business days beforehand, unless such notice cannot reasonably be provided in which event Owner will give Tenant the earliest possible reasonable notice, Tenant will cooperate with Owner in rescheduling its transmitting activities, reducing power, or interrupting its activities for limited periods of time in the event of an emergency or in order to permit the safe installation of new equipment or new facilities at the Site or to permit repair to facilities of any user of the Site or to the related facilitiesOver Fee.
Appears in 1 contract
Samples: Master Site Agreement (Horizon Personal Communications Inc)
Installation and Improvements. Prior to installing or allowing any additional Equipment to be installed at the Site or making any changes, modifications or alterations to such Equipment, Tenant, at its expense, will obtain all required approvals and will submit to Owner plans, specifications and proposed dates of the planned installation or other activity, for Owner’s 's approval which approval will not be unreasonably withheld, delayed or conditioned, including, if reasonably requested by Owner, a tower loading study and/or an intermodulation study performed and certified by an independent licensed professional engineer. The approved plans will be deemed incorporated into this Agreement. All installation of or other work on Tenant’s Equipment 's equipment on the Tower will be at Tenant’s 's sole expense and performed performed, at Tenant's option, by a licensed third party contractor or by Owner or one of its affiliates or subsidiariessubsidiaries which services shall be performed at fair market rates. Owner shall have the right to bid on all work performed on Tenant's behalf at the Site. All installations, operation and maintenance of Equipment must be in accordance with Owner’s 's policies set forth in Exhibit D. Owner reserves the right to prohibit operation of any Equipment it reasonably deems to be improperly installed, unsafe or not included in the installation design planplan after forty eight (48) hour notice to Tenant. Owner agrees that Tenant may install, at Tenant's sole cost and expense as required for Tenant's Equipment, a backup generator to provide backup power in the event of a power outage at the Site. Owner agrees to cooperate with Xxxxxx’s Tenant's reasonable requests, at Xxxxxx’s Tenant's expense, with respect to obtaining any required zoning approvals for the Site and any improvements. Upon termination or expiration of this Agreement, Tenant shall remove its Equipment listed on Exhibit A and any other improvements and will restore the Site to the condition existing on the Commencement Date, except for ordinary wear and tear and insured casualty loss. If Tenant fails to remove its Equipment equipment as specified in the preceding sentence, Tenant’s Equipment 's equipment will be subject to disconnection, removal, and disposal by Owner. If Tenant’s 's Equipment remains on the Site after the termination or expiration date (even if it has been disconnected), and after Owner has provided five (5) days notice to Tenant, Tenant will pay to Owner a hold-over fee equal to two one hundred fifty percent (200150%) of the then- then-effective monthly Rentrent, prorated from the effective date of termination to the date the Equipment is removed from the Site. Owner will have the right (but not the obligation) to disconnect and remove Equipment equipment from the Site. If, after the termination date, Owner disconnects and removes Equipmentequipment, Tenant will pay to Owner upon demand three one hundred fifty percent (300150%) of the disconnection, removal and storage expenses incurred by or on behalf of Owner. If the Equipment is not reclaimed by Tenant within forty-five (45) days of its removal from the Site, and after Tenant has received at least five (5) business days notice, Owner has the right to sell the Equipment and deduct therefrom any amounts due under this Agreement, returning the remainder to Tenant. Upon written notice by Owner to Tenant not less than five (5) business days beforehand, unless such notice cancan not reasonably be provided in which event Owner will give Tenant the earliest possible reasonable notice, Tenant will cooperate with Owner in rescheduling its transmitting activities, reducing power, or interrupting its activities for limited periods of time in the event of an emergency or in order to permit the safe installation of new equipment or new facilities at the Site or to permit repair to facilities of any user of the Site or to the related facilities.
Appears in 1 contract
