SEARCH RINGS DESIGN. Horizon shall have the right at any time in its sole and absolute discretion to expand or reconfigure a previously designated Search Ring. In the event that Horizon redesigns a search ring beyond 0.5 miles of an urban or suburban Site or 1.5 miles of a rural Site for which BTS Company has begun but not yet completed all Site Acquisition Services, then Horizon shall pay BTS Company [***] for all Site Acquisition Services completed at the time that the notice of redesign is received by BTS Company, [***] of the reimbursable costs which were incurred prior to the date on which BTS Company receives notice of such reconfigured Search Ring, and [***] of the milestone installment that would be due if the work currently in progress was completed. In the event that such Site was a BTS Site, Horizon shall pay BTS Company for such Site Acquisition Services as set forth on Schedule "C". For all Site Acquisition Services rendered for the redesigned search ring, in the event that the Site in the redesigned Search Ring is not a BTS Site, Horizon shall pay BTS Company an additional [***] of the milestone installments due for all milestone installments to be performed and [***] of all milestone installments to be performed for the first time and [***] of the reimbursable costs which are incurred. Horizon agrees not to develop any site within any redesigned or withdrawn Search Rings as a tower site and further agrees not to transfer the associated Work Product to any third party, including Affiliates.
Appears in 3 contracts
Samples: Master Design Build Agreement, Master Design Build Agreement (Horizon PCS Inc), Master Design Build Agreement (Horizon Personal Communications Inc)
SEARCH RINGS DESIGN. Horizon Bright PCS shall have the right at any time in its sole and absolute discretion to expand or reconfigure a previously designated Search Ring. In the event that Horizon Bright PCS redesigns a search ring beyond 0.5 [***] miles of an urban or suburban Site or 1.5 [***] miles of a rural Site for which BTS Company has begun but not yet completed all Site Acquisition Services, then Horizon Bright PCS shall pay BTS Company [***] for all Site Acquisition Services completed at the time that the notice of redesign is received by BTS Company, [***] of the reimbursable costs which were incurred prior to the date on which BTS Company receives notice of such reconfigured Search Ring, and [***] of the milestone installment that would be due if the work currently in progress was completed. In the event that such Site was a BTS Site, Horizon Bright PCS shall pay BTS Company for such Site Acquisition Services as set forth on Schedule "C". For all Site Acquisition Services rendered for the redesigned search ringSearch Ring, in the event that the Site in the redesigned Search Ring is not a BTS Site, Horizon Bright PCS shall pay BTS Company an additional [***] of the milestone installments due for all milestone installments to be performed and [***] of all milestone installments to be performed for the first time and [***] of the reimbursable costs which are incurred. Horizon Bright PCS agrees not to develop any site within any redesigned or withdrawn Search Rings as a tower site and further agrees not to transfer the associated Work Product to any third party, including Affiliates.
Appears in 2 contracts
Samples: Master Design Build Agreement (Horizon Personal Communications Inc), Master Design Build Agreement (Horizon PCS Inc)