Specific Tower Representations: Certain Limitations Clause Samples

Specific Tower Representations: Certain Limitations. (a) The Parties acknowledge that the Buyer Parties’ remedies for (i) any and all breaches of the Specific Tower Representations shall be limited as set forth in Section 8.4(b) and (ii) the installation as of the Closing of Excess Equipment on the Designated Towers shall be limited as set forth in Section 8.4(c). (b) Notwithstanding the provisions of Section 5.10 and Section 5.11, Buyer shall be deemed to have irrevocably waived each of the Specific Tower Representations with respect to a Designated Tower (and any breach thereof), and shall have no right to exercise the Tower Return Option or the Tower Swap Option with respect to such Designated Tower, upon Buyer Parent, Buyer or any of their respective Affiliates (i) entering into a new User Master Lease Agreement or User Site Lease Agreement or similar Contract or arrangement for site space on such Designated Tower or (ii) permitting any third party equipment (other than Seller’s or its Affiliates’ equipment) to be installed on such Designated Tower, save where Buyer is obliged to do so under the terms of a User Master Lease Agreement or a User Site Lease Agreement which in any such case included such terms as of the Closing; provided that Buyer shall not be deemed to have waived a Specific Tower Representation due to (i) the execution of a Committed Co-Location Agreement with respect to a Designated Tower or the installation of equipment thereunder or (ii) any renewal of a User Master Lease Agreement or User Site Lease Agreement which has expired (so long as such renewal is on no less favorable terms to Buyer than the expired agreement). (c) Notwithstanding the provisions of Section 5.10 and Section 5.11, Buyer shall not be entitled to exercise the Tower Return Option or Tower Swap Option with respect to a Designated Tower unless (x) as of the date on which Buyer delivers the Tower Return Notice (in the case of the Tower Return Option) or the Tower Swap Notice (in the case of the Tower Swap Option) and (y) as of the Tower Return Closing (in the case of the Tower Return Option) or the Tower Swap Closing (in the case of the Tower Swap Option): (i) such Designated Tower is in substantially no less favorable condition (fair wear and tear excepted) as existed as of the Closing; (ii) none of Buyer, its Affiliates or their respective Representatives (A) has given or received notice that seeks to terminate a User Master Lease Agreement, a User Site Lease Agreement or a Real Property Lease with respect to such To...