Rental Documentation. Tower Operator hereby agrees to provide to Verizon Collocators certain documentation (the “Rental Documentation”) evidencing Tower Operator’s interest in, and right to receive payments under, this Agreement, including without limitation: (i) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, and applicable state or local withholding forms, in a form acceptable to the relevant Verizon Collocator, for any party to whom rental payments are to be made pursuant to this Agreement; and (ii) other documentation requested by a Verizon Collocator in the Verizon Collocator’s reasonable discretion. From time to time during the Term of this Agreement and within 30 days of a written request from a Verizon Collocator, Tower Operator agrees to provide updated Rental Documentation in a form reasonably acceptable to the Verizon Collocator. The Rental Documentation shall be provided to the Verizon Collocators in accordance with the provisions of and at the address given in Section 33(e). If (x) the Verizon Collocator has requested and Tower Operator has not provided updated Rental Documentation, (y) because the Verizon Collocators are not in possession of updated Rental Documentation making a payment to Tower Operator would be in violation of Law or would subject any Verizon Collocator to pay fees or suffer other penalties, and (z) any Verizon Collocator would be subject to fees or other penalties (other than fees or penalties that can be fully redressed by Tower Operator’s performance of the indemnification obligations provided under this Agreement and for which Tower Operator agrees to be responsible), then the Verizon Collocators will have no obligation to make any affected rental payment to Tower Operator until such Rental Documentation is provided to the Verizon Collocators (in which case the rent previously due but withheld under this Section 4(f) will be paid to Tower Operator). Notwithstanding the preceding sentence, with respect to any Tower Operator affiliate to whom Verizon has been paying rent, Verizon may continue to pay rent to such Person until it receives both (I) written instructions from Tower Operator to pay such rent to a different Person and (II) a complete and fully executed Internal Revenue Service Form W-9 for such Person.
Appears in 4 contracts
Samples: Sale Site Master Lease Agreement (American Tower Corp /Ma/), MPL Site Master Lease Agreement (American Tower Corp /Ma/), MPL Site Master Lease Agreement (American Tower Corp /Ma/)
Rental Documentation. Tower Operator LESSOR hereby agrees to provide to Verizon Collocators LESSEE certain documentation (the “Rental Documentation”) evidencing Tower OperatorLESSOR’s interest in, and right to receive payments under, this AgreementLease , including without limitation: (i) documentation, acceptable to LESSEE in LESSEE’s reasonable discretion, evidencing XXXXXX’s good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, and applicable state or local withholding forms, in a form acceptable to the relevant Verizon CollocatorLESSEE, for any party to whom rental payments are to be made pursuant to this AgreementLease ; and (iiiii) other documentation requested by a Verizon Collocator XXXXXX in the Verizon CollocatorXXXXXX’s reasonable discretion. From time to time during the Term of this Agreement Lease but no more often than annually and within 30 thirty (30) days of a written request from a Verizon CollocatorXXXXXX, Tower Operator XXXXXX agrees to provide updated Rental Documentation in a form reasonably acceptable to the Verizon CollocatorLESSEE. The Rental Documentation shall be provided to the Verizon Collocators LESSEE in accordance with the provisions of and at the address given in Section 33(e)26. If (x) the Verizon Collocator has requested and Tower Operator has not provided updated Rental Documentation, (y) because the Verizon Collocators are not in possession Delivery of updated Rental Documentation making to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to Tower Operator would be in violation of Law or would subject any Verizon Collocator to pay fees or suffer other penaltiesthe contrary herein, and (z) any Verizon Collocator would be subject to fees or other penalties (other than fees or penalties that can be fully redressed by Tower Operator’s performance of the indemnification obligations provided under this Agreement and for which Tower Operator agrees to be responsible), then the Verizon Collocators will LESSEE shall have no obligation to make any affected rental payment to Tower Operator payments until such Rental Documentation is has been supplied to LESSEE as provided herein. Within thirty (30) days of obtaining an interest in the Property or this Lease, any assignee(s) or transferee(s) of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Lease and within thirty (30) days of a written request from XXXXXX, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to XXXXXX. Delivery of Rental Documentation to LESSEE by any assignee(s) or transferee(s) of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the Verizon Collocators (in which case the rent previously due but withheld under this Section 4(f) will be paid contrary herein, LESSEE shall have no obligation to Tower Operator). Notwithstanding the preceding sentence, with respect make any rental payments to any Tower Operator affiliate to whom Verizon assignee(s) or transferee(s) of LESSOR until Rental Documentation has been paying rent, Verizon may continue supplied to pay rent to such Person until it receives both (I) written instructions from Tower Operator to pay such rent to a different Person and (II) a complete and fully executed Internal Revenue Service Form W-9 for such PersonLESSEE as provided herein.
Appears in 1 contract
Samples: Option and Land Lease Agreement