Maintained Sites Sample Clauses

Maintained Sites. Subject to the right of a Transferring Entity to ---------------- defer the Closing of a Site until a later Closing under Section 4.6, if at any Closing a Transferring Entity is unable to deliver to TowerCo the Transferred Interest with respect to any Site as a result of such Transferring Entity's failure to satisfy any condition set forth in Section 11.5, TowerCo does not waive that condition, and such Site does not become a leased or a subleased Site pursuant to the applicable Sublease on or prior to the Final Closing, then for purposes of this Agreement, such Site shall at the Transferring Entity's option, to be exercised by such Transferring Entity's written notice to TowerCo on or prior to the applicable Closing, either (i) become an Excluded Site or (ii) become subject to the Site Maintenance Agreement in which case such Site shall become a Maintained Site under the Site Maintenance Agreement pursuant to the execution by the applicable Transferring Entity and TowerCo of one or more Addenda to the Site Maintenance Agreement; provided, however, that, if as of the -------- ------- applicable Closing the only unsatisfied and unwaived condition is the absence of any required consent of the Ground Lessor, such Site shall be deferred until such a consent is received; provided, further, that, if as --------- ------- of the Final Closing the parties have not obtained such consent, such Site shall be a Maintained Site or an Excluded Site, at the Transferring Entity's option as provided herein. For purposes of determining the Consideration pursuant to Section 3.2, Sites that become Maintained Sites pursuant to this Section 3.3 or Excluded Sites pursuant to Section 4.6, 5.3 or 5.4 shall not constitute an Included Site. In no event shall the number of Sites made subject to the Site Maintenance Agreement at all Closings exceed 300 Sites in the aggregate, unless TowerCo otherwise consents. Any Sites that do not become Included Sites or Maintained Sites pursuant to the foregoing, shall constitute Excluded Sites.
Sample 1
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Maintained Sites. 12 3.4 Increase in Consideration....................................................................... 13 3.5 Proration....................................................................................... 13 3.6
Sample 1

Related to Maintained Sites

  • Office Space, Equipment and Facilities Provide such office space, office equipment and office facilities as are adequate to fulfill the Adviser’s obligations hereunder.

  • Facilities and Equipment 4 (a) Facilities..................................................4 (b) Maintenance.................................................4 (c)

  • Site The Generating Facility is located on approximately 10 acres with an address of 0000 Xxxxx Xxxxxx Xxxxxx in Xxxxxx Tree, San Bernardino County in California. The centroid of the solar array is 34.1383°N, -116.2262°W. The site is dedicated to the Generating Facility use only.

  • Maintain Properties Maintain all properties necessary to its operations in good working order and condition, make all needed repairs, replacements and renewals to such properties, and maintain free from Liens all trademarks, trade names, patents, copyrights, trade secrets, know-how, and other intellectual property and proprietary information (or adequate licenses thereto), in each case as are reasonably necessary to conduct its business as currently conducted or as contemplated hereby, all in accordance with customary and prudent business practices.

  • Maintain Property The Borrower shall at all times maintain, preserve and keep its plant, properties and Equipment, including any Collateral, in good repair, working order and condition, and shall from time to time make all needful and proper repairs, renewals, replacements, and additions thereto so that at all times the efficiency thereof shall be fully preserved and maintained. The Borrower shall permit the Bank to examine and inspect such plant, properties and Equipment, including any Collateral, at all reasonable times upon three (3) business day’s written notice unless an Event of Default exists.

  • Maintaining Records; Access to Properties and Inspections Maintain all financial records in accordance with GAAP and permit any persons designated by the Administrative Agent or, upon the occurrence and during the continuance of an Event of Default, any Lender to visit and inspect the financial records and the properties of the Borrower or any of the Subsidiaries at reasonable times, upon reasonable prior notice to the Borrower, and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any persons designated by the Administrative Agent or, upon the occurrence and during the continuance of an Event of Default, any Lender upon reasonable prior notice to the Borrower to discuss the affairs, finances and condition of the Borrower or any of the Subsidiaries with the officers thereof and independent accountants therefor (so long as the Borrower has the opportunity to participate in any such discussions with such accountants), in each case, subject to reasonable requirements of confidentiality, including requirements imposed by law or by contract.

  • Common Facilities “Common Facilities” includes all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

  • Underground Storage Tanks Borrower shall not install or permit to be installed on the Property any underground storage tank.

  • Access to Property Borrower shall permit agents, representatives and employees of Lender to inspect the Property or any part thereof at reasonable hours upon reasonable advance notice.

  • Retained Assets (a) Notwithstanding Section 2.1(a), all of Seller's right, title and interest in the following properties, assets and rights shall be excluded from the Assets (collectively, the "Retained Assets"):

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