Common use of SEARCH RINGS DESIGN Clause in Contracts

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 Horizon agrees not to develop any site within any redesigned or withdrawn Search Rings as a tower site and further agrees not to transfer the associated Work Product to any third party, including Affiliates.

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.

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.. 2.4 TERM OF SITE ACQUISITION SERVICES AGREEMENT. The term of this Agreement (the "Site Acquisition Term") shall commence on the date of this Agreement and shall expire on December 31, 2001. (a) This Agreement may be terminated as to any particular Search Ring upon written notice by either party following the other party's breach of an obligation or covenant on such party's part to be performed with respect to that Search Ring, which breach is not cured within thirty (30) days after the breaching party's receipt of written notice; provided, however, that so long as the defaulting party commenced appropriate curative action within such thirty (30) day period, and thereafter diligently prosecutes such cure to completion as promptly as possible, the cure period will be extended until the cure is completed. If a party fails to cure a breach within this thirty (30) day period, as it may be extended, the party will be in default under this Agreement as it applies to the applicable Search Ring; and (b) Neither a termination nor the expiration of this Agreement shall affect: (i) the term of the MSA or any SLA, as that term is defined herein, which has been entered into by the parties prior to the date of termination of this Agreement, which shall continue in accordance with its terms and conditions; (ii) the terms of this Agreement that apply to any SLA which has been entered into by the parties prior to the date of termination of this Agreement; 4 <PAGE> [***] - CONFIDENTIAL TREATMENT REQUESTED (iii) any duties or obligations for payment or performance that are or become owing hereunder prior to the effective date of such termination; (iv) the terms of this Agreement that apply to any Search Ring which was issued prior to the date of termination of this Agreement; or (v) any other duties or obligations that expressly survive the termination or expiration hereof. (c) A default regarding one Search Ring shall not constitute a default under this Agreement; however, a default under the greater of: (1) [***] Search Rings; or (2) [***] or more of the Search Rings which have been issued pursuant to this Agreement, shall constitute a default under every Search Ring and a default under this Agreement. In the event of such a default, Horizon shall be entitled to terminate the services of BTS Company and complete or engage a third party to complete BTS Company's responsibilities under this Agreement pursuant to the Plans and Specifications (as hereinafter defined) provided by BTS Company. In such event, Horizon shall convey the Tower Facilities (as hereinafter defined) and any site development materials including ground leases and title, environmental and geotechnical reports to BTS Company upon completion, lien free, and BTS Company shall reimburse Horizon for the reasonable costs of completing its responsibilities and pay Horizon the applicable site development fee set forth in the Site Development Agreement (as hereinafter defined). 2.5