Common use of Sprint Collocation Space Clause in Contracts

Sprint Collocation Space. (a) Lessor, Sprint Collocator and Lessee expressly acknowledge that, at all times during the Term as to each Master Lease Site, the Sprint Collocation Space of each Master Lease Site will be deemed to be leased, subleased or otherwise made available by Lessor to Lessee, and subleased back or otherwise made available to Sprint Collocator, pursuant to this Agreement, and the Sprint Collocation Space at each Pre-Lease Site will be deemed reserved for or otherwise be made available to Sprint Collocator pursuant to this Agreement, in each case for the exclusive possession and use by Sprint Collocator and its Affiliates and permitted transferees, whether or not such Sprint Collocation Space is now or hereafter occupied. As a part of the Sprint Collocation Space of each Site, Lessee also grants to Sprint Collocator as to each Master Lease Site, and Sprint Collocator reserves and shall at times retain (for the benefit of Sprint Collocator or any of its Affiliates and except to the extent limited by any restrictions contained in any applicable Ground Lease, the Permitted Encumbrances or by Law): (i) a non-exclusive right and easement (over the surface of the Site), but subject to the terms of this Agreement, the Ground Leases, the rights of Tower Subtenants, any other agreements affecting the Site existing prior to the Effective Date (not entered into by Lessee or its Affiliates) and such commercially reasonable rules and regulations as Lessee may from time to time propagate (such rules and regulations to be applied uniformly by Lessee between Sprint Collocator and Tower Subtenants) and applicable Laws, for ingress to and egress from the entire Site, and access to the entire Tower and all Improvements to such Site and Tower, at such times (on a 24-hour, seven (7) day per week basis unless otherwise limited by the Ground Lease), to such extent, and in such means and manners (on foot or by motor vehicle, including trucks and other heavy equipment), as Sprint Collocator deems reasonably necessary in connection with its full use and enjoyment of the Sprint Collocation Space, including, without limitation, a right to construct, install, use, operate, maintain, repair and replace its Communications Equipment on the applicable Sprint Collocation Space; and (ii) the right, exercisable only during periods during which Sprint Collocator is actively performing work at a Site (and subject to the terms of the applicable Ground Lease and applicable Laws), to use any unoccupied portion of the ground space at the applicable Site for purposes of temporary location and storage (but only during the period of the performance of such work at such Site) of any of its Communications Equipment and for performing any repairs or replacements (provided that such use and occupancy of any unoccupied portion of a Site will not materially adversely affect the use and occupancy by, or interfere with the operations of, a Tower Subtenant or Lessee of the Site, and, provided further that Sprint Collocator will be required to remove any of its stored Communications Equipment on any unoccupied portion of the Site upon fifteen (15) days prior written notice from Lessee if such unoccupied portion of the Site is under sublease or other occupancy arrangement with a Tower Subtenant that is prepared to take occupancy of such portion of the Site or is otherwise required for use by Lessee for work or storage at such Site); and (iii) a non-exclusive right and easement for the use, operation, maintenance, repair and replacement of all utility lines, Equipment and appurtenances now existing and located on the Site and providing electrical and any other utility service to Sprint's Communications Facility on the Site, which right and easement includes the right of Sprint Collocator and its agents, employees and contractors to enter upon the Site to repair, maintain and replace such utility facilities.

Appears in 6 contracts

Samples: Master Lease and Sublease (Global Signal Inc), Master Lease and Sublease (Global Signal Inc), Master Lease and Sublease (Global Signal Inc)

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Sprint Collocation Space. (a) Lessor, each Sprint Collocator and Lessee expressly acknowledge that, at all times during the Term as to each Master Lease Site, the Sprint Collocation Space of each Master Lease Site will be deemed to be leased, subleased or otherwise made available by Lessor to Lessee, and subleased back or otherwise made available to the applicable Sprint Collocator, pursuant to this Agreement, and the Sprint Collocation Space at each Pre-Lease Site will be deemed reserved for or otherwise be made available to the applicable Sprint Collocator pursuant to this Agreement, in each case for the exclusive possession and use by such Sprint Collocator and its Affiliates and permitted transferees, whether or not such Sprint Collocation Space is now or hereafter occupied. As a part of the Sprint Collocation Space of each Site, Lessee also grants to the Sprint Collocator as to each Master Lease Site, and the Sprint Collocator reserves and shall at times retain (for the benefit of the Sprint Collocator or any of its Affiliates and except to the extent limited by any restrictions contained in any applicable Ground Lease, the Permitted Encumbrances or by Law): (i) a non-exclusive right and easement (over the surface of the Site), but subject to the terms of this Agreement, the Ground Leases, the rights of Tower Subtenants, any other agreements affecting the Site existing prior to the Effective Date (not entered into by Lessee or its Affiliates) and such commercially reasonable rules and regulations as Lessee may from time to time propagate (such rules and regulations to be applied uniformly by Lessee between the Sprint Collocator Collocators and Tower Subtenants) and applicable Laws, for ingress to and egress from the entire Site, and access to the entire Tower and all Improvements to such Site and Tower, at such times (on a 24-hour, seven (7) day per week basis unless otherwise limited by the Ground Lease), to such extent, and in such means and manners (on foot or by motor vehicle, including trucks and other heavy equipment), as the Sprint Collocator deems reasonably necessary in connection with its full use and enjoyment of the Sprint Collocation Space, including, without limitation, a right to construct, install, use, operate, maintain, repair and replace its Communications Equipment on the applicable Sprint Collocation Space; and (ii) the right, exercisable only during periods during which the applicable Sprint Collocator is actively performing work at a Site (and subject to the terms of the applicable Ground Lease and applicable Laws), to use any unoccupied portion of the ground space at the applicable Site for purposes of temporary location and storage (but only during the period of the performance of such work at such Site) of any of its Communications Equipment and for performing any repairs or replacements (provided that such use and occupancy of any unoccupied portion of a Site will not materially adversely affect the use and occupancy by, or interfere with the operations of, a Tower Subtenant or Lessee of the Site, and, provided further that the Sprint Collocator will be required to remove any of its stored Communications Equipment on any unoccupied portion of the Site upon fifteen (15) days prior written notice from Lessee if such unoccupied portion of the Site is under sublease or other occupancy arrangement with a Tower Subtenant that is prepared to take occupancy of such portion of the Site or is otherwise required for use by Lessee for work or storage at such Site); and (iii) a non-exclusive right and easement for the use, operation, maintenance, repair and replacement of all utility lines, Equipment and appurtenances now existing and located on the Site and providing electrical and any other utility service to Sprint's Communications Facility on the Site, which right and easement includes the right of the Sprint Collocator and its agents, employees and contractors to enter upon the Site to repair, maintain and replace such utility facilities.

Appears in 1 contract

Samples: Master Lease and Sublease (Sprint Corp)

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