Common use of RIGHT OF SUBSTITUTION Clause in Contracts

RIGHT OF SUBSTITUTION. If at any time during the Term there is any Available Space at any Site, then AT&T Collocator shall have the Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to Tower Operator, subject to the application and amendment process described in Section 9(e) and provided that Tower Operator shall be entitled to perform in its reasonable discretion a structural analysis, at AT&T Collocator’s sole cost and expense, prior to such exercise of a Right of Substitution. If AT&T Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment on the Tower or the Ground, as the case may be, at AT&T Collocator’s expense, the previously existing AT&T Collocation Space of the applicable Site shall automatically be released by AT&T Collocator and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has been relocated shall automatically become and constitute the AT&T Collocation Space of such Site. The parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment). AT&T Collocator shall, at AT&T Collocator’s cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at more than one RAD center on such Tower at any time; provided, that if such AT&T Collocator occupies more than one RAD center on such Tower as of the Effective Date, such AT&T Collocator shall not attach the AT&T Communications Equipment on such Tower to more than the same number of RAD centers as it occupied on such Tower as of the Effective Date.

RIGHT OF SUBSTITUTION. If at any time during (i) Notwithstanding anything to the Term contrary contained in this Agreement, within 15 Business Days after request by T-Mobile Collocator, Tower Operator shall notify T-Mobile Collocator whether there is any Available Space at in respect of any Site. If any such Available Space then exists, then AT&T T-Mobile Collocator shall have the one-time Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to completing Tower Operator, subject to the 's standard application and amendment process procedures, as described in Section 9(e) ), and obtaining the prior written consent of Tower Operator, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Tower Operator shall be entitled to perform perform, in its reasonable discretion discretion, a structural analysis, at AT&T T-Mobile Collocator’s 's sole cost and expense, prior to consenting to such exercise of a Right of Substitution. For the avoidance of doubt, T-Mobile Collocator may only exercise a Right of Substitution one time with respect to each Site. (i) If AT&T T-Mobile Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment and Improvements of T-Mobile Collocator on the Tower or the Ground, as the case may be, Site (at AT&T T-Mobile Collocator’s 's expense, ) the previously existing AT&T T-Mobile Collocation Space of the applicable Site shall automatically be released by AT&T T-Mobile Collocator and become a part of the Available Space of such Site and T-Mobile Collocator shall deliver such space in good condition, repair and order, reasonable wear and tear excepted, and shall remove all T-Mobile Communications Equipment therefrom and restore any damage thereto caused by, through or under any T-Mobile Group Member. Subject to the terms of this Agreement, and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has and Improvements of T-Mobile Collocator have been relocated shall automatically become and constitute the AT&T T-Mobile Collocation Space of such Site. Space. (ii) The parties Parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any for the Site at which such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment)was exercised. AT&T T-Mobile Collocator shall, at AT&T Collocator’s its cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at more than one RAD center on such Tower at any time; provided, that if such AT&T Collocator occupies more than one RAD center on such Tower as of the Effective Date, such AT&T Collocator shall not attach the AT&T Communications Equipment on such Tower to more than the same number of RAD centers as it occupied on such Tower as of the Effective DateEquipment.

RIGHT OF SUBSTITUTION. If at any time during (i) Notwithstanding anything to the Term contrary contained in this Agreement, within 15 Business Days after request by T-Mobile Collocator, Tower Operator shall notify T-Mobile Collocator whether there is any Available Space at in respect of any Site. If any such Available Space then exists, then AT&T T-Mobile Collocator shall have the one-time Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to completing Tower Operator, subject to the 's standard application and amendment process procedures, as described in Section 9(e) ), and obtaining the prior written consent of Tower Operator, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Tower Operator shall be entitled to perform perform, in its reasonable discretion discretion, a structural analysis, at AT&T T-Mobile Collocator’s 's sole cost and expense, prior to consenting to such exercise of a Right of Substitution. For the avoidance of doubt, T-Mobile Collocator may only exercise a Right of Substitution one time with respect to each Site. (ii) If AT&T T-Mobile Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment and Improvements of T-Mobile Collocator on the Tower or the Ground, as the case may be, Site (at AT&T T-Mobile Collocator’s 's expense, ) the previously existing AT&T T-Mobile Collocation Space of the applicable Site shall automatically be released by AT&T T-Mobile Collocator and become a part of the Available Space of such Site and T-Mobile Collocator shall deliver such space in good condition, repair and order, reasonable wear and tear excepted, and shall remove all T-Mobile Communications Equipment therefrom and restore any damage thereto caused by, through or under any T-Mobile Group Member. Subject to the terms of this Agreement, and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has and Improvements of T-Mobile Collocator have been relocated shall automatically become and constitute the AT&T T-Mobile Collocation Space of such Site. Space. (iii) The parties Parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any for the Site at which such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment)was exercised. AT&T T-Mobile Collocator shall, at AT&T Collocator’s its cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at more than one RAD center on such Tower at any time; provided, that if such AT&T Collocator occupies more than one RAD center on such Tower as of the Effective Date, such AT&T Collocator shall not attach the AT&T Communications Equipment on such Tower to more than the same number of RAD centers as it occupied on such Tower as of the Effective DateEquipment.

RIGHT OF SUBSTITUTION. If at any time during (i) Notwithstanding anything to the Term contrary contained in this Agreement, within 15 Business Days after request by T-Mobile Collocator, Tower Operator shall notify T-Mobile Collocator whether there is any Available Space at in respect of any Site. If any such Available Space then exists, then AT&T T-Mobile Collocator shall have the one-time Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to completing Tower Operator, subject to the ’s standard application and amendment process procedures, as described in Section 9(e) ), and obtaining the prior written consent of Tower Operator, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Tower Operator shall be entitled to perform perform, in its reasonable discretion discretion, a structural analysis, at AT&T T-Mobile Collocator’s sole cost and expense, prior to consenting to such exercise of a Right of Substitution. For the avoidance of doubt, T-Mobile Collocator may only exercise a Right of Substitution one time with respect to each Site. (ii) If AT&T T-Mobile Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment and Improvements of T-Mobile Collocator on the Tower or the Ground, as the case may be, Site (at AT&T T-Mobile Collocator’s expense, ) the previously existing AT&T T-Mobile Collocation Space of the applicable Site shall automatically be released by AT&T T-Mobile Collocator and become a part of the Available Space of such Site and T-Mobile Collocator shall deliver such space in good condition, repair and order, reasonable wear and tear excepted, and shall remove all T-Mobile Communications Equipment therefrom and restore any damage thereto caused by, through or under any T-Mobile Group Member. Subject to the terms of this Agreement, and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has and Improvements of T-Mobile Collocator have been relocated shall automatically become and constitute the AT&T T-Mobile Collocation Space of such Site. Space. (iii) The parties Parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any for the Site at which such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment)was exercised. AT&T T-Mobile Collocator shall, at AT&T Collocator’s its cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at more than one RAD center on such Tower at any time; provided, that if such AT&T Collocator occupies more than one RAD center on such Tower as of the Effective Date, such AT&T Collocator shall not attach the AT&T Communications Equipment on such Tower to more than the same number of RAD centers as it occupied on such Tower as of the Effective DateEquipment.

RIGHT OF SUBSTITUTION. If at any time during the Term there is any Available Space at any Site, then AT&T Collocator shall have the Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to Tower Operator, subject to the application and amendment process described in Section 9(e) and provided that Tower Operator shall be entitled to perform in its reasonable discretion a structural analysis, at AT&T Collocator’s sole cost and expense, prior to such exercise of a Right of Substitution. If AT&T Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment on the Tower or the Ground, as the case may be, at AT&T Collocator’s expense, the previously existing AT&T Collocation Space of the applicable Site shall automatically be released by AT&T Collocator and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has been relocated shall automatically become and constitute the AT&T Collocation Space of such Site. The parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment). AT&T Collocator shall, at AT&T Collocator’s cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at more than one RAD center on such Tower at any time; provided, that if such AT&T Collocator occupies more than one RAD center on such Tower as of the Effective Date, such AT&T Collocator shall not attach the AT&T Communications Equipment on such Tower to more than the same number of RAD centers as it occupied on such Tower as of the Effective Date. SECTION 11.

RIGHT OF SUBSTITUTION. If at any time during (i) Notwithstanding anything to the Term contrary contained in this Agreement, within 15 Business Days after request by T-Mobile Collocator, Tower Operator shall notify T-Mobile Collocator whether there is any Available Space at in respect of any Site. If any such Available Space then exists, then AT&T T-Mobile Collocator shall have the one-time Right of Substitution as to such Available Space. The Right of Substitution pursuant to this Section 10 may be exercised by AT&T Collocator one time with respect to the AT&T Primary Tower Space and one time with respect to the AT&T Primary Ground Space of each Site, upon written notice to completing Tower Operator, subject to the 's standard application and amendment process procedures, as described in Section 9(e) ), and obtaining the prior written consent of Tower Operator, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Tower Operator shall be entitled to perform perform, in its reasonable discretion discretion, a structural analysis, at AT&T T-Mobile Collocator’s 's sole cost and expense, prior to consenting to such exercise of a Right of Substitution. For the avoidance of doubt, T-Mobile Collocator may only exercise a Right of Substitution one time with respect to each Site. (i) If AT&T T-Mobile Collocator elects to exercise its Right of Substitution, then, upon completion of the relocation of the AT&T Communications Equipment and Improvements of T-Mobile Collocator on the Tower or the Ground, as the case may be, Site (at AT&T T-Mobile Collocator’s 's expense, ) the previously existing AT&T T-Mobile Collocation Space of the applicable Site shall automatically be released by AT&T T-Mobile Collocator and become a part of the Available Space of such Site and T-Mobile Collocator shall deliver such space in good condition, repair and order, reasonable wear and tear excepted, and shall remove all T-Mobile Communications Equipment therefrom and restore any damage thereto caused by, through or under any T-Mobile Group Member. Subject to the terms of this Agreement, and concurrently therewith, the Available Space on such Site to which the AT&T Communications Equipment has and Improvements of T-Mobile Collocator have been relocated shall automatically become and constitute the AT&T T-Mobile Collocation Space of such Site. Space. (ii) The parties Parties shall promptly execute an amendment to the applicable Site Lease Agreement to evidence any for the Site at which such substitution, and either party may elect to cause such amendment to be recorded at the recording party’s cost and expense (but AT&T Collocator’s exercise of the Right of Substitution shall not be conditioned on the execution of such amendment)was exercised. AT&T T- Mobile Collocator shall, at AT&T Collocator’s its cost and expense, complete the relocation of its AT&T Communications Equipment within sixty (60) days of the execution of the amendment to the subject Site Lease Agreement following the exercise of its Right of Substitution and return the previously existing AT&T Collocation Space to its original condition, ordinary wear and tear excepted. If AT&T Collocator exercises its Right of Substitution as to any Available Space, then, upon execution of the amendment to the subject Site Lease Agreement, such Available Space shall become the AT&T Collocation Space and the former AT&T Collocation Space shall no longer be AT&T Collocation Space for all purposes of this Agreement. For the avoidance of doubt, the exercise of a Right of Substitution by AT&T Collocator shall not permit AT&T Collocator to attach the AT&T Communications Equipment on a Tower at more than one RAD center on such Tower at any time; provided, that if such AT&T Collocator occupies more than one RAD center on such Tower as of the Effective Date, such AT&T Collocator shall not attach the AT&T Communications Equipment on such Tower to more than the same number of RAD centers as it occupied on such Tower as of the Effective DateEquipment.