Common use of Site Lease Agreements Clause in Contracts

Site Lease Agreements. The Site Lease Agreements shall be entered into by Tower Operator and AT&T Collocator in accordance with the terms of this Agreement and the Master Agreement. Following the Effective Date, (i) either AT&T Collocator or Tower Operator may, at any time, prepare a Site Lease Agreement and deliver it to the other Party for its approval, not to be unreasonably withheld, delayed or conditioned, and (ii) Tower Operator shall prepare a Site Lease Agreement for a Site, and shall deliver the same to AT&T Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, no later than one hundred eighty (180) days after the first time Tower Operator performs a structural analysis or other work requiring an inventory of such Site for Tower Operator, AT&T Collocator or a Tower Subtenant; provided, however, that if a Site Lease Agreement is not entered into with respect to a Site, the Parties shall still have all of the rights and obligations with respect to such Site as provided in this Agreement; provided, further, that (x) if AT&T Collocator seeks to install any new AT&T Communications Equipment, or modify any existing AT&T Communications Equipment, at any Site at any time after the Effective Date, the Site Lease Agreement for such Site shall be executed prior to the installation or modification of such AT&T Collocator Communications Equipment and (y) if Tower Operator seeks to allow a Tower Subtenant to locate at any Site at any time after the Effective Date, until the Site Lease Agreement is entered into with respect to a Site, Tower Operator may collocate Tower Subtenants anywhere on such Site outside of the Effective Date Ground Space provided that such Tower Subtenants’ ground equipment and improvements are located in a manner that will permit the MLA Ground Space to be contiguous with the Effective Date Ground Space and does not impair the utility of the MLA Ground Space. The form of each Site Lease Agreement shall be substantially in the form of Exhibit C hereto and may not be changed without the mutual agreement of Tower Operator and AT&T Collocator. The terms and conditions of this Agreement shall govern and control in the event of a discrepancy or inconsistency with the terms and conditions of any Site Lease Agreement, except to the extent otherwise expressly provided in such Site Lease Agreement that has been duly executed and delivered by an authorized representative of AT&T Collocator and by Tower Operator. Notwithstanding the foregoing, any specific requirements relating to the design or construction of the AT&T Communications Equipment or AT&T Improvements imposed by a Governmental Authority shall control over any terms in this Agreement that directly conflict with such specific requirements.

Site Lease Agreements. The (a) Contractor shall identify the Landlord for each Primary Site. Contractor shall use reasonable efforts to obtain the Landlord's agreement to negotiate from a Form of Site Lease Agreements shall Agreement provided by Owner to Contractor by letter dated June 11, 1999. Any option lease agreement presented to Owner hereunder shall, at a minimum, be entered into by Tower Operator and AT&T Collocator in accordance with the terms set forth in the Site Lease Agreement Term Sheet provided by Owner to Contractor by letter dated June 11,1999 and shall permit Contractor to commence Site design, entitlements (zoning and permits) and pre-construction tasks (utility coordination, inter-modulation, telco, etc.) during the option period. Contractor shall use reasonable commercial efforts to provide that the commencement date of this Owner's rent obligations to the Landlord under each option lease agreement shall coincide with the commencement of Contractor's construction activities at such Site. Execution of any such option lease agreement shall be in Owner's sole discretion. For each Site, the deliverable shall be an executable Site Acquisition Agreement and in accordance with the Master Agreement. Following the Effective Date, Site Lease Agreement Term Sheet. (ib) either AT&T Collocator or Tower Operator may, at any time, prepare During negotiation of a Site Lease Agreement and deliver it to Agreement, any material deviations from the other Party for its approval, not to be unreasonably withheld, delayed or conditioned, and (ii) Tower Operator shall prepare a Site Lease Agreement for a SiteTerm Sheet must be reviewed and approved by Owner. Upon completion of negotiation of each Site Lease Agreement, and shall deliver the same to AT&T Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, no later than one hundred eighty (180) days after the first time Tower Operator performs a structural analysis or other work requiring an inventory of such Site for Tower OperatorLease Agreement shall be presented to Owner, AT&T Collocator or together with a Tower Subtenant; providedlease abstract in the form set forth as Attachment 10 hereto, however, that if a which shall set forth deviations from the Site Lease Agreement Term Sheet. If the Site Lease Agreement is not entered into with respect acceptable to a SiteOwner, Owner shall execute the Parties shall still have all Site Lease Agreement. Owner's execution and delivery of the rights and obligations with respect to such Site as provided in this Agreement; provided, further, that (x) if AT&T Collocator seeks to install any new AT&T Communications Equipment, or modify any existing AT&T Communications Equipment, at any Site at any time after the Effective Date, the Site Lease Agreement for such any Site shall be executed prior to the installation or modification constitute approval of such AT&T Collocator Communications Equipment said Site Lease Agreement and (y) if Tower Operator seeks to allow a Tower Subtenant to locate at of any Site at any time after the Effective Date, until deviation from the Site Lease Agreement is entered Term Sheet. (c) Contractor shall seek to locate Landlords with multiple candidate Sites so as to enter into with respect to a Site, Tower Operator may collocate Tower Subtenants anywhere on such Site outside of the Effective Date Ground Space provided that such Tower Subtenants’ ground equipment and improvements are located in a manner that will permit the MLA Ground Space to be contiguous with the Effective Date Ground Space and does not impair the utility of the MLA Ground Space. The form of each master Site Lease Agreement shall be substantially in the form of Exhibit C hereto and may not be changed without the mutual agreement of Tower Operator and AT&T Collocator. The terms and conditions of this Agreement shall govern and control in the event of a discrepancy or inconsistency with the terms and conditions of any Agreements that cover multiple candidate sites ("Master Site Lease Agreement, except "). This effort shall be integrated with the development of the Revised City Network Design so as to create a Revised City Network Design meeting all Design Criteria while requiring the extent otherwise expressly provided in such negotiation and execution of the minimum number of Site Lease Agreement that has been Agreements. (d) Contractor shall provide a preliminary title report. Pursuant to a duly executed task order, Contractor shall provide the type and delivered level of additional title assurance (e.g., title insurance commitment and title insurance) as may be agreed to by an authorized representative of AT&T Collocator and by Tower Operator. Notwithstanding the foregoing, any specific requirements relating to Parties. (e) In the design or construction of event Contractor has performed the AT&T Communications Equipment or AT&T Improvements imposed by a Governmental Authority shall control over any terms services described in this Agreement that directly conflict Section 4.2 within a Search Ring on three (3) Primary Sites if Normal-Area Sites, two (2) Primary Sites if Medium-Area Sites and one (1) Primary Site if Wide-Area Sites and all of such Primary Sites have been abandoned or disqualified through no fault of Contractor, then Contractor shall notify Owner and provide Owner with such specific requirementsits recommendation as to how to proceed. Contractor shall not, without Owner's prior written approval, perform the services under this Section 4.2 within a Search Ring for more than three (3) Primary Sites if Normal-Area Sites, two (2) Primary Sites if Medium-Area Sites and one (1) Primary Site if Wide-Area Site.

Site Lease Agreements. The Site Lease Agreements shall be entered into by Tower Operator and AT&T Collocator in accordance with the terms of this Agreement and the Master Agreement. Following the Effective Date, (i) either AT&T Collocator or Tower Operator may, at any time, prepare a Site Lease Agreement and deliver it to the other Party for its approval, not to be unreasonably withheld, delayed or conditioned, and (ii) Tower Operator shall prepare a Site Lease Agreement for a Site, and shall deliver the same to AT&T Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, no later than one hundred eighty (180) days after the first time Tower Operator performs a structural analysis or other work requiring an inventory of such Site for Tower Operator, AT&T Collocator or a Tower SubtenantTenant; provided, however, that if a Site Lease Agreement is not entered into with respect to a Site, the Parties shall still have all of the rights and obligations with respect to such Site as provided in this Agreement; provided, further, that (x) if AT&T Collocator seeks to install any new AT&T Communications Equipment, or modify any existing AT&T Communications Equipment, at any Site at any time after the Effective Date, the Site Lease Agreement for such Site shall be executed prior to the installation or modification of such AT&T Collocator Communications Equipment and (y) if Tower Operator seeks to allow a Tower Subtenant Tenant to locate at any Site at any time after the Effective Date, until the Site Lease Agreement is entered into with respect to a Site, Tower Operator may collocate Tower Subtenants Tenants anywhere on such Site outside of the Effective Date Ground Space provided that such Tower SubtenantsTenants’ ground equipment and improvements are located in a manner that will permit the MLA Ground Space to be contiguous with the Effective Date Ground Space and does not impair the utility of the MLA Ground Space. The form of each Site Lease Agreement shall be substantially in the form of Exhibit C hereto and may not be changed without the mutual agreement of Tower Operator and AT&T Collocator. The terms and conditions of this Agreement shall govern and control in the event of a discrepancy or inconsistency with the terms and conditions of any Site Lease Agreement, except to the extent otherwise expressly provided in such Site Lease Agreement that has been duly executed and delivered by an authorized representative of AT&T Collocator and by Tower Operator. Notwithstanding the foregoing, any specific requirements relating to the design or construction of the AT&T Communications Equipment or AT&T Improvements imposed by a Governmental Authority shall control over any terms in this Agreement that directly conflict with such specific requirements.

Site Lease Agreements. The Site Lease Agreements shall be entered into by Tower Operator and AT&T Collocator the Verizon Collocators in accordance with the terms of this Agreement and the Master Agreement. . (i) Following the Effective Date, (iw) either AT&T a Verizon Collocator or Tower Operator may, at any time, may prepare a Site Lease Agreement for a Site and deliver it to the other Party Tower Operator for its approval, not to be unreasonably withheld, delayed or conditioned, (x) after the 180th day after the Effective Date, Tower Operator may prepare a Site Lease Agreement for a Site and deliver it to the relevant Verizon Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, (iiy) Tower Operator shall prepare a Site Lease Agreement for a Site, and shall deliver the same to AT&T the relevant Verizon Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, no later than one hundred eighty (180) 180 days after the first time Tower Operator performs a structural analysis or other work requiring an inventory of such Site for Tower Operator, AT&T Verizon Collocator or a Tower Subtenant, and (z) Tower Operator shall prepare any amendments to Site Lease Agreements for all Sites, and shall deliver the same to the relevant Verizon Collocator for its approval, not to be unreasonably withheld, delayed or conditioned; provided, however, that that: (A) if a Site Lease Agreement is not entered into with respect to a Site, the Parties shall still have all of the rights and obligations with respect to such Site as provided in this Agreement; provided, further, that ; (xB) if AT&T a Verizon Collocator or an Acceptable Affiliate seeks to install any new AT&T Verizon Communications Equipment, or modify any existing AT&T Verizon Communications Equipment, at any Site at any time after the Effective Date, the then Verizon shall draft a Site Lease Agreement for such Site shall be executed and provide it to Tower Operator prior to the installation or modification of such AT&T Collocator Verizon Communications Equipment; provided further that (1) Tower Operator may not object to any Site Lease Agreement based on the type of Verizon Communications Equipment being placed at a Site, it being understood that there are no limitations on the types of Communications Equipment that Verizon Collocator may place at a Site, or at its discretion may place no Verizon Communications Equipment at a Site, and (y2) Tower Operator may modify a Site Lease Agreement provided by Verizon to correct factual matters, but Tower Operator may not reject a Site Lease Agreement provided by a Verizon Collocator unless the Verizon Collocator is required to pay the costs of Modifications under Sections 6(a)(ii)(B) or 6(a)(iii) and the Verizon Collocator does not agree to pay such costs and provided further that if Tower Operator rejects a Site Lease Agreement, the parties shall work together in good faith to resolve and finalize the rejected Site Lease Agreement within 30 days after the date of rejection; and (C) if Tower Operator seeks to allow a Tower Subtenant to locate at any Site at any time after the Effective Date, until the Site Lease Agreement is entered into with respect to a Site, Tower Operator may collocate Tower Subtenants anywhere on such Site (i) outside of the Effective Date Ground Space provided that as long as such Tower Subtenants’ ground equipment and improvements Tower Subtenant Improvements are located in a manner that will permit the MLA Ground Space to be contiguous with the Effective Date Ground Space, will not cause the Verizon Primary Ground Space to be smaller than it otherwise would have been under Section 9(a)(i)(A) and does do not impair the utility of the MLA Ground Space. , and (ii) outside of the Effective Date Tower Space as long as such Tower Subtenant’s Tower Subtenant Communications Equipment and Tower Subtenant Improvements are located in a manner that will permit the Verizon Primary Tower Space to be contiguous with the Effective Date Tower Space, will not cause the Verizon Primary Tower Space to be smaller than it otherwise would have been under Section 9(a)(ii)(B) and will not cause interference with Verizon Communications Equipment or Verizon Improvements as provided in Section 8, Section 6(a)(iv) or Section 9(k). (ii) The form of each Site Lease Agreement shall be substantially in the form of Exhibit C C-1 hereto and the form of each amendment to a Site Lease Agreement shall be substantially in the form of Exhibit C-2 hereto, which forms may not be changed without the mutual agreement of Tower Operator and AT&T the relevant Verizon Collocator. The terms and conditions of this Agreement shall govern and control in the event of a discrepancy or inconsistency with the terms and conditions of any Site Lease Agreement, except to the extent otherwise expressly provided in such Site Lease Agreement that has been duly executed and delivered by an authorized representative Authorized Representative of AT&T a Verizon Collocator and by Tower Operator. Notwithstanding the foregoing, any specific requirements relating to the design or construction of the AT&T Verizon Communications Equipment or AT&T Verizon Improvements imposed by a Governmental Authority shall control over any terms in this Agreement that directly conflict with such specific requirements.

Site Lease Agreements. The Site Lease Agreements shall be entered into by Tower Operator and AT&T Collocator the Verizon Collocators in accordance with the terms of this Agreement and the Master Agreement. . (i) Following the Effective Date, (iw) either AT&T a Verizon Collocator or Tower Operator may, at any time, may prepare a Site Lease Agreement for a Site and deliver it to the other Party Tower Operator for its approval, not to be unreasonably withheld, delayed or conditioned, (x) after the 180th day after the Effective Date, Tower Operator may prepare a Site Lease Agreement for a Site and deliver it to the relevant Verizon Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, (iiy) Tower Operator shall prepare a Site Lease Agreement for a Site, and shall deliver the same to AT&T the relevant Verizon Collocator for its approval, not to be unreasonably withheld, delayed or conditioned, no later than one hundred eighty (180) 180 days after the first time Tower Operator performs a structural analysis or other work requiring an inventory of such Site for Tower Operator, AT&T Verizon Collocator or a Tower SubtenantTenant, and (z) Tower Operator shall prepare any amendments to Site Lease Agreements for all Sites, and shall deliver the same to the relevant Verizon Collocator for its approval, not to be unreasonably withheld, delayed or conditioned; provided, however, that that: (A) if a Site Lease Agreement is not entered into with respect to a Site, the Parties shall still have all of the rights and obligations with respect to such Site as provided in this Agreement; provided, further, that ; (xB) if AT&T a Verizon Collocator or an Acceptable Affiliate seeks to install any new AT&T Verizon Communications Equipment, or modify any existing AT&T Verizon Communications Equipment, at any Site at any time after the Effective Date, the then Verizon shall draft a Site Lease Agreement for such Site shall be executed and provide it to Tower Operator prior to the installation or modification of such AT&T Collocator Verizon Communications Equipment; provided further that (1) Tower Operator may not object to any Site Lease Agreement based on the type of Verizon Communications Equipment being placed at a Site, it being understood that there are no limitations on the types of Communications Equipment that Verizon Collocator may place at a Site, or at its discretion may place no Verizon Communications Equipment at a Site, and (y2) Tower Operator may modify a Site Lease Agreement provided by Verizon to correct factual matters, but Tower Operator may not reject a Site Lease Agreement provided by a Verizon Collocator unless the Verizon Collocator is required to pay the costs of Modifications under Sections 6(a)(ii)(B) or 6(a)(iii) and the Verizon Collocator does not agree to pay such costs and provided further that if Tower Operator rejects a Site Lease Agreement, the parties shall work together in good faith to resolve and finalize the rejected Site Lease Agreement within 30 days after the date of rejection; and (C) if Tower Operator seeks to allow a Tower Subtenant Tenant to locate at any Site at any time after the Effective Date, until the Site Lease Agreement is entered into with respect to a Site, Tower Operator may collocate Tower Subtenants Tenants anywhere on such Site (i) outside of the Effective Date Ground Space provided that as long as such Tower SubtenantsTenants’ ground equipment and improvements Tower Tenant Improvements are located in a manner that will permit the MLA Ground Space to be contiguous with the Effective Date Ground Space, will not cause the Verizon Primary Ground Space to be smaller than it otherwise would have been under Section 9(a)(i)(A) and does do not impair the utility of the MLA Ground Space. , and (ii) outside of the Effective Date Tower Space as long as such Tower Tenant’s Communications Equipment and Tower Tenant Improvements are located in a manner that will permit the Verizon Primary Tower Space to be contiguous with the Effective Date Tower Space, will not cause the Verizon Primary Tower Space to be smaller than it otherwise would have been under Section 9(a)(ii)(B) and will not cause interference with Verizon Communications Equipment or Verizon Improvements as provided in Section 6(a)(iv), Section 8 or Section 9(k). (ii) The form of each Site Lease Agreement shall be substantially in the form of Exhibit C C-1 hereto and the form of each amendment to a Site Lease Agreement shall be substantially in the form of Exhibit C-2 hereto, which forms may not be changed without the mutual agreement of Tower Operator and AT&T the relevant Verizon Collocator. The terms and conditions of this Agreement shall govern and control in the event of a discrepancy or inconsistency with the terms and conditions of any Site Lease Agreement, except to the extent otherwise expressly provided in such Site Lease Agreement that has been duly executed and delivered by an authorized representative Authorized Representative of AT&T a Verizon Collocator and by Tower Operator. Notwithstanding the foregoing, any specific requirements relating to the design or construction of the AT&T Verizon Communications Equipment or AT&T Verizon Improvements imposed by a Governmental Authority shall control over any terms in this Agreement that directly conflict with such specific requirements.