Common use of Landlord’s Use of Tenant’s Tower Clause in Contracts

Landlord’s Use of Tenant’s Tower. Tenant hereby grants to Landlord a non-exclusive license to install, maintain, and operate radio equipment on the communications tower within the Leased Premises (the “Tower”) for Landlord’s Public Safety Equipment. Landlord shall not construct, install, or operate any equipment or improvements or maintenance and/or repairs to Landlord’s equipment on the Tower other than those which are approved in writing by Tenant, nor shall Landlord alter the frequencies or operation of the approved equipment without Xxxxxx’s prior written consent. Landlord shall submit an application (the “Equipment Application”) to Tenant, utilizing Tenant’s then current form, to request the right to replace or modify its approved equipment or alter the frequencies for Tenant’s review and written approval (such written approval, or notice to proceed, the “NTP”). Landlord shall not construct, install, or alter the approved equipment until Tenant issues to Landlord a NTP. Landlord shall be solely responsible for all costs associated with the installation and maintenance of its property on the Tower and Leased Premises but shall have no financial obligation to Tenant therefor (rent, or any other payment to Tenant), except for any applicable governmental fees, utility costs or other expenses directly attributable to Landlord’s use of the Tower. Notwithstanding anything to the contrary in this Agreement, Landlord shall obtain advance permission from Tenant for any person or company to climb the Tower as necessary for the installation and maintenance of Landlord’s equipment. Tenant’s permission shall not unreasonably be withheld. Landlord further agrees that its equipment and improvements on the Tower shall not cause radio frequency or any other type of interference with the operations of any other users of the Tower, (each, a “Tower User”). In the event that any modification or change in the Landlord’s approved equipment causes interference to any other then-existing use by any then- existing Tower User, then Tenant or the affected Tower User shall notify the Landlord in writing of such interference and if the Landlord is unable to either eliminate or reduce the interference to a level acceptable to the affected Tower User within a period of thirty (30) days after such written notice, Xxxxxxxx agrees to cease all interfering operations from the Tower. Tenant agrees to insert comparable non-interference clauses into its agreements with other Tower Users, and Xxxxxx agrees to preclude other Tower Users from interfering with the operation of the Landlord’s approved equipment, as such approved equipment exists at the time Xxxxxx enters into an agreement with another Tower User. Landlord shall at all times comply with all applicable laws, and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the approved equipment and other alterations or improvements authorized pursuant to the provisions of this Agreement. Landlord and Tenant agree that Landlord shall be responsible for the cost of any structural analysis required by Tenant in its reasonable discretion, in connection with the installation or replacement of Landlord’s equipment on the Tower; Tenant covenants and agrees that it will provide notice to Landlord prior to undertaking any such analysis, thereby allowing Landlord an opportunity to evaluate the installation or replacement. In the event that a structural analysis indicates that the Tower is not suitable for Landlord’s equipment, Landlord and Tenant agree that the costs of any structural modifications or repairs reasonably necessary to accommodate the additional load of Landlord’s equipment shall be made to the Tower at the sole cost of Landlord, however, in no event shall any such modification or repair be undertaken and/or performed if the same would or could cause interference to any either then-existing other use by any then-existing Tower User. No person or entity other than Landlord or its successor or assign shall have the right to install, maintain, or operate the approved equipment or transmit or receive communications in the Leased Premises or on the Tower. Landlord shall be solely responsible for extending utilities to the Tower as necessary for the operation of the approved equipment.

Appears in 1 contract

Samples: Option and Lease Agreement

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Landlord’s Use of Tenant’s Tower. Tenant hereby grants to Landlord a non-exclusive license to install, maintain, and operate radio equipment on the communications tower within the Leased Premises (the “Tower”) Tower for Landlord’s Public Safety Equipment. Landlord shall not construct, install, or operate any equipment or improvements or maintenance and/or repairs to Landlord’s equipment on the Tower other than those which are approved in writing by Tenant, nor shall Landlord alter the frequencies or operation of the approved equipment without Xxxxxx’s prior written consent. Landlord shall submit an application (the “Equipment Application”) to Tenant, utilizing Tenant’s then current form, to request the right to replace or modify its approved equipment or alter the frequencies for Tenant’s review and written approval (such written approval, or notice to proceed, the “NTP”). Tenant shall respond to the Equipment Application within sixty (60) days of Tenant’s receipt of the Equipment Application with a status as to Tenant’s review process and request any further information required on Xxxxxx’s behalf. Landlord shall not construct, install, or alter the approved equipment until Tenant issues to Landlord a NTP. Landlord shall be solely responsible for all costs associated with the installation and maintenance of its property on the Tower and Leased Premises but shall have no financial obligation to Tenant therefor (rent, or any other payment to Tenant), except for any applicable governmental fees, utility costs or other expenses directly attributable to Landlord’s use of the TowerTenant’s tower. Notwithstanding anything to the contrary in this Agreement, Landlord shall obtain advance permission from Tenant for any person or company to climb the Tower tower as necessary for the installation and maintenance of Landlord’s equipment. Tenant’s permission shall not unreasonably be withheld. Landlord further agrees that its equipment and improvements on the Tower shall not cause radio frequency or any other type of interference with the operations of any other users of the Towertower, (each, a “Tower User”). In the event that any modification or change in the Landlord’s approved equipment causes interference to any other then-existing use by any then- then-existing Tower User, then Tenant or the affected Tower User shall notify the Landlord in writing of such interference and if the Landlord is unable to either eliminate or reduce the interference to a level acceptable to the affected Tower User within a period of thirty (30) days after such written notice, Xxxxxxxx agrees to cease all interfering operations from the Towertower. Tenant agrees to insert comparable non-interference clauses into its agreements with other Tower Users, and Xxxxxx agrees to preclude other Tower Users from interfering with the operation of the Landlord’s approved equipment, as such approved equipment exists at the time Xxxxxx enters into an agreement with another Tower User. Landlord shall at all times comply with all applicable laws, and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the approved equipment and other alterations or improvements authorized pursuant to the provisions of this AgreementLease. Landlord and Tenant agree that Landlord shall be responsible for the cost of any structural analysis required by Tenant in its reasonable discretion, in connection with the installation or replacement of Landlord’s equipment on the Towertower; Tenant covenants and agrees that it will provide notice to Landlord prior to undertaking any such analysis, thereby allowing Landlord an opportunity to evaluate the installation or replacement. In the event that a structural analysis indicates that the Tower tower is not suitable for Landlord’s equipment, Landlord and Tenant agree that the costs of any structural modifications or repairs reasonably necessary to accommodate the additional load of Landlord’s equipment shall be made to the Tower tower at the sole cost of Landlord, however, in no event shall any such modification or repair be undertaken and/or performed if the same would or could cause interference to any either then-existing other use by any then-existing Tower User. No person or entity other than Landlord or its successor successors or assign assigns shall have the right to install, maintain, or operate the approved equipment or transmit or receive communications in at the Leased Premises tower site or on the Tower. Landlord shall be solely responsible for extending utilities to the Tower as necessary for the operation of the approved equipment. LANDLORD: The Village of Graton, a Signature: Print Name: Title: Date: Signature: Print Name: Title: Date: TENANT: Verizon Wireless Personal Communications LP d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: Print Name: Title: Date: EXHIBIT A This Exhibit A may be replaced at Tenant’s option as described below.

Appears in 1 contract

Samples: Lease Agreement

Landlord’s Use of Tenant’s Tower. Tenant hereby grants to Landlord a non-exclusive license to install, maintain, and operate radio equipment on the communications tower within the Leased Premises (the “Tower”) Tower for Landlord’s Public Safety Equipment. Landlord shall not construct, install, or operate any equipment or improvements or maintenance and/or repairs to Landlord’s equipment on the Tower other than those which are approved in writing by Tenant, nor shall Landlord alter the frequencies or operation of the approved equipment without XxxxxxTenant’s prior written consent. Landlord shall submit an application (the “Equipment Application”) to Tenant, utilizing Tenant’s then current form, to request the right to replace or modify its approved equipment or alter the frequencies for Tenant’s review and written approval (such written approval, or notice to proceed, the “NTP”). Landlord shall not construct, install, or alter the approved equipment until Tenant issues to Landlord a NTP. Landlord shall be solely responsible for all costs associated with the installation and maintenance of its property on the Tower and Leased Premises but shall have no financial obligation to Tenant therefor (rent, or any other payment to Tenant), except for any applicable governmental fees, utility costs or other expenses directly attributable to Landlord’s use of the TowerTenant’s tower. Notwithstanding anything to the contrary in this Agreement, Landlord shall obtain advance permission from Tenant for any person or company to climb the Tower tower as necessary for the installation and maintenance of Landlord’s equipment. Tenant’s permission shall not unreasonably be withheld. Landlord further agrees that its equipment and improvements on the Tower shall not cause radio frequency or any other type of interference with the operations of any other users of the Towertower, (each, a “Tower User”). In the event that any modification or change in the Landlord’s approved equipment causes interference to any other then-existing use by any then- then-existing Tower User, then Tenant or the affected Tower User shall notify the Landlord in writing of such interference and if the Landlord is unable to either eliminate or reduce the interference to a level acceptable to the affected Tower User within a period of thirty (30) days after such written notice, Xxxxxxxx Landlord agrees to cease all interfering operations from the Towertower. Tenant agrees to insert comparable non-interference clauses into its agreements with other Tower Users, and Xxxxxx Tenant agrees to preclude other Tower Users from interfering with the operation of the Landlord’s approved equipment, as such approved equipment exists at the time Xxxxxx Tenant enters into an agreement with another Tower User. Landlord shall at all times comply with all applicable laws, and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the approved equipment and other alterations or improvements authorized pursuant to the provisions of this AgreementLease. Landlord and Tenant agree that Landlord shall be responsible for the cost of any structural analysis required by Tenant in its reasonable discretion, in connection with the installation or replacement of Landlord’s equipment on the Towertower; Tenant covenants and agrees that it will provide notice to Landlord prior to undertaking any such analysis, thereby allowing Landlord an opportunity to evaluate the installation or replacement. In the event that a structural analysis indicates that the Tower tower is not suitable for Landlord’s equipment, Landlord and Tenant agree that the costs of any structural modifications or repairs reasonably necessary to accommodate the additional load of Landlord’s equipment shall be made to the Tower tower at the sole cost of Landlord, however, in no event shall any such modification or repair be undertaken and/or performed if the same would or could cause interference to any either then-existing other use by any then-existing Tower User. No person or entity other than Landlord or its successor or assign shall have the right to install, maintain, or operate the approved equipment or transmit or receive communications in at the Leased Premises tower site or on the Tower. Landlord shall be solely responsible for extending utilities to the Tower as necessary for the operation of the approved equipment. LANDLORD: The Village of Graton, a Signature: Print Name: Title: Date: Signature: Print Name: Title: Date: TENANT: Verizon Wireless Personal Communications LP d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: Print Name: Title: Date: EXHIBIT A This Exhibit A may be replaced at Tenant’s option as described below.

Appears in 1 contract

Samples: Lease Agreement

Landlord’s Use of Tenant’s Tower. Tenant hereby grants to Landlord a non-exclusive license to install, maintain, and operate radio equipment on the communications tower within the Leased Premises (the “Tower”) Tower for Landlord’s Public Safety Equipment. Landlord shall not construct, install, or operate any equipment or improvements or maintenance and/or repairs to Landlord’s equipment on the Tower other than those which are approved in writing by Tenant, nor shall Landlord alter the frequencies or operation of the approved equipment without Xxxxxx’s prior written consent. Landlord shall submit an application (the “Equipment Application”) to Tenant, utilizing Tenant’s then current form, to request the right to replace or modify its approved equipment or alter the frequencies for Tenant’s review and written approval (such written approval, or notice to proceed, the “NTP”). Landlord shall not construct, install, or alter the approved equipment until Tenant issues to Landlord a NTP. Landlord shall be solely responsible for all costs associated with the installation and maintenance of its property on the Tower and Leased Premises but shall have no financial obligation to Tenant therefor (rent, or any other payment to Tenant), except for any applicable governmental fees, utility costs or other expenses directly attributable to Landlord’s use of the TowerTenant’s tower. Notwithstanding anything to the contrary in this Agreement, Landlord shall obtain advance permission from Tenant for any person or company to climb the Tower tower as necessary for the installation and maintenance of Landlord’s equipment. Tenant’s permission shall not unreasonably be withheld. Landlord further agrees that its equipment and improvements on the Tower shall not cause radio frequency or any other type of interference with the operations of any other users of the Towertower, (each, a “Tower User”). In the event that any modification or change in the Landlord’s approved equipment causes interference to any other then-existing use by any then- then-existing Tower User, then Tenant or the affected Tower User shall notify the Landlord in writing of such interference and if the Landlord is unable to either eliminate or reduce the interference to a level acceptable to the affected Tower User within a period of thirty (30) days after such written notice, Xxxxxxxx agrees to cease all interfering operations from the Towertower. Tenant agrees to insert comparable non-interference clauses into its agreements with other Tower Users, and Xxxxxx agrees to preclude other Tower Users from interfering with the operation of the Landlord’s approved equipment, as such approved equipment exists at the time Xxxxxx enters into an agreement with another Tower User. Landlord shall at all times comply with all applicable laws, and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the approved equipment and other alterations or improvements authorized pursuant to the provisions of this AgreementLease. Landlord and Tenant agree that Landlord shall be responsible for the cost of any structural analysis required by Tenant in its reasonable discretion, in connection with the installation or replacement of Landlord’s equipment on the Towertower; Tenant covenants and agrees that it will provide notice to Landlord prior to undertaking any such analysis, thereby allowing Landlord an opportunity to evaluate the installation or replacement. In the event that a structural analysis indicates that the Tower tower is not suitable for Landlord’s equipment, Landlord and Tenant agree that the costs of any structural modifications or repairs reasonably necessary to accommodate the additional load of Landlord’s equipment shall be made to the Tower tower at the sole cost of Landlord, however, in no event shall any such modification or repair be undertaken and/or performed if the same would or could cause interference to any either then-existing other use by any then-existing Tower User. No person or entity other than Landlord or its successor or assign shall have the right to install, maintain, or operate the approved equipment or transmit or receive communications in at the Leased Premises tower site or on the Tower. Landlord shall be solely responsible for extending utilities to the Tower as necessary for the operation of the approved equipment. LANDLORD: The Village of Graton, a Signature: Print Name: Title: Date: Signature: Print Name: Title: Date: TENANT: Verizon Wireless Personal Communications LP d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: Print Name: Title: Date: EXHIBIT A This Exhibit A may be replaced at Tenant’s option as described below.

Appears in 1 contract

Samples: Lease Agreement

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Landlord’s Use of Tenant’s Tower. Tenant hereby grants to Landlord a non-exclusive license to install, maintain, and operate radio equipment on the communications tower within the Leased Premises (the “Tower”) for Landlord’s Public Safety Equipment. Landlord shall not construct, install, or operate any equipment or improvements or maintenance and/or repairs to Landlord’s equipment on the Tower other than those which are approved in writing by Tenant, nor shall Landlord alter the frequencies or operation of the approved equipment without XxxxxxTenant’s prior written consent. Landlord shall submit an application (the “Equipment Application”) to Tenant, utilizing Tenant’s then current form, to request the right to replace or modify its approved equipment or alter the frequencies for Tenant’s review and written approval (such written approval, or notice to proceed, the “NTP”). Landlord shall not construct, install, or alter the approved equipment until Tenant issues to Landlord a NTP. Landlord shall be solely responsible for all costs associated with the installation and maintenance of its property on the Tower and Leased Premises but shall have no financial obligation to Tenant therefor (rent, or any other payment to Tenant), except for any applicable governmental fees, utility costs or other expenses directly attributable to Landlord’s use of the Tower. Notwithstanding anything to the contrary in this Agreement, Landlord shall obtain advance permission from Tenant for any person or company to climb the Tower as necessary for the installation and maintenance of Landlord’s equipment. Tenant’s permission shall not unreasonably be withheld. Landlord further agrees that its equipment and improvements on the Tower shall not cause radio frequency or any other type of interference with the operations of any other users of the Tower, (each, a “Tower User”). In the event that any modification or change in the Landlord’s approved equipment causes interference to any other then-existing use by any then- existing Tower User, then Tenant or the affected Tower User shall notify the Landlord in writing of such interference and if the Landlord is unable to either eliminate or reduce the interference to a level acceptable to the affected Tower User within a period of thirty (30) days after such written notice, Xxxxxxxx Landlord agrees to cease all interfering operations from the Tower. Tenant agrees to insert comparable non-interference clauses into its agreements with other Tower Users, and Xxxxxx Tenant agrees to preclude other Tower Users from interfering with the operation of the Landlord’s approved equipment, as such approved equipment exists at the time Xxxxxx Tenant enters into an agreement with another Tower User. Landlord shall at all times comply with all applicable laws, and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the approved equipment and other alterations or improvements authorized pursuant to the provisions of this Agreement. Landlord and Tenant agree that Landlord shall be responsible for the cost of any structural analysis required by Tenant in its reasonable discretion, in connection with the installation or replacement of Landlord’s equipment on the Tower; Tenant covenants and agrees that it will provide notice to Landlord prior to undertaking any such analysis, thereby allowing Landlord an opportunity to evaluate the installation or replacement. In the event that a structural analysis indicates that the Tower is not suitable for Landlord’s equipment, Landlord and Tenant agree that the costs of any structural modifications or repairs reasonably necessary to accommodate the additional load of Landlord’s equipment shall be made to the Tower at the sole cost of Landlord, however, in no event shall any such modification or repair be undertaken and/or performed if the same would or could cause interference to any either then-existing other use by any then-existing Tower User. No person or entity other than Landlord or its successor or assign shall have the right to install, maintain, or operate the approved equipment or transmit or receive communications in the Leased Premises or on the Tower. Landlord shall be solely responsible for extending utilities to the Tower as necessary for the operation of the approved equipment.

Appears in 1 contract

Samples: Option and Lease Agreement

Landlord’s Use of Tenant’s Tower. Tenant hereby grants to Landlord a non-exclusive license to install, maintain, and operate radio equipment on the communications tower within the Leased Premises (the “Tower”) Tower for Landlord’s Public Safety Equipment. Landlord shall not construct, install, or operate any equipment or improvements or maintenance and/or repairs to Landlord’s equipment on the Tower other than those which are approved in writing by Tenant, nor shall Landlord alter the frequencies or operation of the approved equipment without XxxxxxTenant’s prior written consent. Landlord shall submit an application (the “Equipment Application”) to Tenant, utilizing Tenant’s then current form, to request the right to replace or modify its approved equipment or alter the frequencies for Tenant’s review and written approval (such written approval, or notice to proceed, the “NTP”). Tenant shall respond to the Equipment Application within sixty (60) days of Tenant’s receipt of the Equipment Application with a status as to Tenant’s review process and request any further information required on Tenant’s behalf. Landlord shall not construct, install, or alter the approved equipment until Tenant issues to Landlord a NTP. Landlord shall be solely responsible for all costs associated with the installation and maintenance of its property on the Tower and Leased Premises but shall have no financial obligation to Tenant therefor (rent, or any other payment to Tenant), except for any applicable governmental fees, utility costs or other expenses directly attributable to Landlord’s use of the TowerTenant’s tower. Notwithstanding anything to the contrary in this Agreement, Landlord shall obtain advance permission from Tenant for any person or company to climb the Tower tower as necessary for the installation and maintenance of Landlord’s equipment. Tenant’s permission shall not unreasonably be withheld. Landlord further agrees that its equipment and improvements on the Tower shall not cause radio frequency or any other type of interference with the operations of any other users of the Towertower, (each, a “Tower User”). In the event that any modification or change in the Landlord’s approved equipment causes interference to any other then-existing use by any then- then-existing Tower User, then Tenant or the affected Tower User shall notify the Landlord in writing of such interference and if the Landlord is unable to either eliminate or reduce the interference to a level acceptable to the affected Tower User within a period of thirty (30) days after such written notice, Xxxxxxxx Landlord agrees to cease all interfering operations from the Towertower. Tenant agrees to insert comparable non-interference clauses into its agreements with other Tower Users, and Xxxxxx Tenant agrees to preclude other Tower Users from interfering with the operation of the Landlord’s approved equipment, as such approved equipment exists at the time Xxxxxx Tenant enters into an agreement with another Tower User. Landlord shall at all times comply with all applicable laws, and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the approved equipment and other alterations or improvements authorized pursuant to the provisions of this AgreementLease. Landlord and Tenant agree that Landlord shall be responsible for the cost of any structural analysis required by Tenant in its reasonable discretion, in connection with the installation or replacement of Landlord’s equipment on the Towertower; Tenant covenants and agrees that it will provide notice to Landlord prior to undertaking any such analysis, thereby allowing Landlord an opportunity to evaluate the installation or replacement. In the event that a structural analysis indicates that the Tower tower is not suitable for Landlord’s equipment, Landlord and Tenant agree that the costs of any structural modifications or repairs reasonably necessary to accommodate the additional load of Landlord’s equipment shall be made to the Tower tower at the sole cost of Landlord, however, in no event shall any such modification or repair be undertaken and/or performed if the same would or could cause interference to any either then-existing other use by any then-existing Tower User. No person or entity other than Landlord or its successor successors or assign assigns shall have the right to install, maintain, or operate the approved equipment or transmit or receive communications in at the Leased Premises tower site or on the Tower. Landlord shall be solely responsible for extending utilities to the Tower as necessary for the operation of the approved equipment. LANDLORD: The Village of Graton, a Signature: Print Name: Title: Date: Signature: Print Name: Title: Date: TENANT: Verizon Wireless Personal Communications LP d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: Print Name: Title: Date: EXHIBIT A This Exhibit A may be replaced at Tenant’s option as described below.

Appears in 1 contract

Samples: Lease Agreement

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