Common use of New Reservation Phases Clause in Contracts

New Reservation Phases. (a) From time to time (but not less frequently than once a year during the first three years after the Effective Date) , the City will notify the Company and all other Street Pole Franchisees of the opening of a “New Reservation Phase”. Not later than thirty (30) days after such notice, the Street Pole Franchisee that is the highest on the Priority List for each Zone may post, in a manner accessible to the City and the other Xxxxxx Xxxx Xxxxxxxxxxx0, a list, for each Zone in which such Street Pole Franchisee is the highest on the Priority List, of Street Poles in such Zone on which such Street Pole Franchisee seeks to site Base Stations (such list to include no more than the maximum number of proposed Street Pole sites than is permitted under whichever is applicable of subsections II.(B)(1)(c),(d), (e) or (f) below), which list may not include any Reserved Poles2. Upon the posting of such list (such posting referred to herein as a “Reservation Notice”), the Street Poles on such list shall become Reserved Poles, reserved to the Street Pole Franchisee that posted the list. Not later than thirty (30) days after the earlier of (i) posting of such Reservation Notice with respect to any particular Zone, or (ii) the expiration of the time period for the posting of such Reservation Notice, the Street Pole Franchisee that is second on the Priority List for such Zone may submit its own Reservation Notice, such list again to include no more than the maximum number of proposed Street Pole sites than is permitted under whichever is applicable of subsections II.(B)(1)(c),(d), (e) or (f) below, and such list not to include any Reserved Poles. Thereafter, not later than thirty (30) days after each posting of a Reservation Notice (or if earlier, the expiration of the time period for the posting of such Reservation Notice) with respect to any particular Zone, the Street Pole Franchisee next on the Priority List for that Zone may submit its own Reservation Notice, in each case not to exceed the maximum

Appears in 3 contracts

Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement

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New Reservation Phases. (a) From time to time (but not less frequently than once a year during the first three years after the Effective Date) , the City will notify the Company and all other Street Pole Franchisees of the opening of a “New Reservation Phase”. Not later than thirty (30) days after such notice, the Street Pole Franchisee that is the highest on the Priority List for each Zone may post, in a manner accessible to the City and the other Xxxxxx Xxxx Xxxxxxxxxxx0, a list, for each Zone in which such Street Pole Franchisee is the highest on 1 Such forum may be an e-mail list, a password accessible web site, an overnight mail delivery to all members of a mailing list, or other system, as chosen by the City after consultation with the Street Pole Franchisees. the Priority List, of Street Operations Poles in such Zone on which such Street Pole Franchisee seeks to site Base Stations (such list to include no more than the maximum number of proposed Street Operations Pole sites than is permitted under whichever is applicable of subsections II.(B)(1)(c),(d), (e) or (fe) below), which list may not include any Reserved Poles2. Upon the posting of such list (such posting referred to herein as a “Reservation Notice”), the Street Operations Poles on such list shall become Reserved Poles, reserved to the Street Pole Franchisee that posted the list. Not later than thirty (30) days after the earlier of (i) posting of such Reservation Notice with respect to any particular Zone, or (ii) the expiration of the time period for the posting of such Reservation Notice, the Street Pole Franchisee that is second on the Priority List for such Zone may submit its own Reservation Notice, such list again to include no more than the maximum number of proposed Street Operations Pole sites than is permitted under whichever is applicable of subsections II.(B)(1)(c),(d), (e) or (fe) below, and such list not to include any Reserved Poles. Thereafter, not later than thirty (30) days after each posting of a Reservation Notice (or if earlier, the expiration of the time period for the posting of such Reservation Notice) with respect to any particular Zone, the Street Pole Franchisee next on the Priority List for that Zone may submit its own Reservation Notice, in each case not to exceed the maximummaximum permitted number of proposed sites under whichever is applicable of subsections II.(B)(1)(c),(d) or (e) below and in each case not to include any Reserved Poles. Such process will be repeated until each Street Pole Franchisees has had the opportunity to submit a Reservation Notice with respect to each Zone in its Franchise Area. On the date that all Street Pole Franchisees have filed a Reservation Notice for all Zones in their Franchise Areas, or the opportunity to file such a Reservation Notice has expired, the particular New Reservation Phase shall be considered completed. (b) A “Reserved Pole” reserved to a particular Street Pole Franchisee is a Street Operations Pole (i) that has been reserved, pursuant to the procedures described in this Appendix A, to that Street Pole Franchisee for installation of a Base Station thereon, and

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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