Common use of Relocation of Facilities Clause in Contracts

Relocation of Facilities. (a) With respect to any Site, BellSouth reserves the right to change the location of User's Facilities upon sixty (60) days written notice to User to accommodate the communications equipment (including a change in frequency) of BellSouth. User shall relocate or remove the Facilities, at BellSouth's expense, within sixty (60) days of receipt of any such notice by User; provided, however, if the relocated space is unacceptable to User, in User's reasonable discretion, User shall have the right to terminate the Site Agreement upon written notice to BellSouth, which termination shall be effective the earlier of (i) the date set forth in User's termination notice, or (ii) two hundred forty (240) days from User's receipt of BellSouth's relocation notice. Upon such termination, the parties to the Site Agreement shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property. In the event BellSouth needs additional capacity at a Site for its equipment and there is no space on the Tower in which to relocate User's Facilities, upon two hundred and forty (240) days notice, BellSouth may terminate a Site Agreement, and thereafter the Site Agreement shall be of no further force and effect, and except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property, and BellSouth's obligation to reimburse User for the book value (to be determined. at the date of termination of the Site Agreement) of any structural enhancements made by User to such Site, the parties hereto shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement. (b) In the event of a termination under this Section 9 within the Initial Term of the terminated Site Agreement, BellSouth shall also reimburse User a prorata portion of the Site Cost Reimbursement Amount applicable to such Site Agreement based on a five-year proration of the full Site Cost Reimbursement Amount. The amount reimbursed by BellSouth shall be equal to the prorata portion of the Site Cost Reimbursement Amount from the date of termination to the expiration of the Initial Term. BellSouth shall deliver such reimbursement to User within thirty (30) days of the termination date of the Site Agreement.

Relocation of Facilities. (a) With respect to any Site, BellSouth reserves the right to change the location of User's Facilities at the Site upon sixty (60) days written notice to User to accommodate the communications equipment (including a change in frequency) of BellSouth. User shall relocate or remove the Facilities, at BellSouth's expense, within sixty (60) days of receipt of any such notice by User (provided, however, that if User has diligently pursued efforts to change the location of User's Facilities on the Tower during such sixty (60) days but has been unable to complete the same, User shall have an additional thirty (30) days to complete the work); provided, however, if the relocated space is unacceptable to User, in User's reasonable discretion, User shall have the right to terminate the Site Agreement upon written notice to BellSouth, which termination shall be effective the earlier of (i) the date set forth in User's termination notice, or (ii) two hundred forty (240) days from User's receipt of BellSouth's relocation notice. Upon such termination, the parties to the Site Agreement shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property. In the event BellSouth needs additional capacity at a Site for its equipment and there is no space on the Tower in which to relocate User's Facilities, upon two hundred and forty (240) days notice, BellSouth may terminate a Site Agreement, and thereafter the Site Agreement shall be of no further force and effect, and except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property, and BellSouth's obligation to reimburse User for the book value (to be determined. determined at the date of termination of the Site Agreement) of any structural enhancements made by User to such Site, the parties hereto shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement. (b) In the event of a termination under this Section 9 within the Initial Term of the terminated Site Agreement, BellSouth shall also reimburse User a prorata pro rata portion of the Site Cost Reimbursement Amount applicable to such Site Agreement based on a five-year proration of the full Site Cost Reimbursement Amount. The amount reimbursed by BellSouth shall be equal to the prorata pro rata portion of the Site Cost Reimbursement Amount from the date of termination to the expiration of the Initial Term. BellSouth shall deliver such reimbursement to User within thirty (30) days of the termination date of the Site Agreement.

Relocation of Facilities. (a) With respect to any Site, BellSouth reserves the right to change the location of User's Facilities upon sixty (60) days written notice to User to accommodate the communications equipment (including a change in frequency) of BellSouth. User shall relocate or remove the Facilities, at BellSouth's expense, within sixty (60) days of receipt of any such notice by User; provided, however, if the relocated space is unacceptable to User, in User's reasonable sole discretion, User shall have the right to terminate the Site Agreement upon written notice to BellSouth, which termination shall be effective the earlier of (i) the date set forth in User's termination notice, or (ii) two hundred forty (240) days from User's receipt of BellSouth's relocation notice. Upon such termination, the parties to the Site Agreement shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property. In the event BellSouth needs additional capacity at a Site for its equipment and there is no space on the Tower in which to relocate User's Facilities, upon two hundred and forty (240) days notice, BellSouth may terminate a Site Agreement, and thereafter the Site Agreement shall be of no further force and effect, and except for any indemnity obligations, including without limitation, environmental indemnity and tax obligations, and User's obligation to remove the Facilities from the Property, and BellSouth's obligation to reimburse User for the book value (to be determined. determined at the date of termination of the Site Agreement) of any structural enhancements made by User to such Site, the parties hereto shall be released from all duties, obligations, liabilities and responsibilities under the Site Agreement. (b) In the event of a termination under this Section 9 within the Initial Term of the terminated Site Agreement, BellSouth shall also reimburse User a prorata portion of the Site Cost Reimbursement Amount applicable to such Site Agreement based on a five-year proration of the full Site Cost Reimbursement Amount. The amount reimbursed by BellSouth shall be equal to the prorata portion of the Site Cost Reimbursement Amount from the date of termination to the expiration of the Initial Term. BellSouth shall deliver such reimbursement to User within thirty (30) days of the termination date of the Site Agreement.