Common use of Temporary or Permanent Replacement Reservation Clause in Contracts

Temporary or Permanent Replacement Reservation. In the event that a Street Pole, on which the Company has placed a Base Station in accordance with the provisions of this Agreement, temporarily or permanently is rendered substantially unusable for the purpose intended under this Agreement (for reasons unrelated to the Company and its operations because, for example, the City has removed the Street Pole, temporarily or permanently), the City will cooperate reasonably with the Company to attempt to locate an alternative Street Pole (which is not otherwise a Reserved Pole reserved to the Company or any other Street Pole Franchisee) that can serve as an alternative location for the Base Station which was installed at such newly unavailable Street Pole. If the City and the Company reach an agreement on such an alternative Street Pole, the City shall designate such Street Pole a Reserved Pole reserved to the Company, such Reservation Pole status to end when and if the original Reserved Pole is restored as an available site or, if earlier, when such status as a Reserved Pole would otherwise end pursuant to the preceding subsection (2) (provided that if the City and the Company agree that it would be more appropriate to keep an installed Base Station at its new location rather than moving it again, back to its original location, then the new location will be deemed to be the applicable Reserved Pole going forward, as if it had been the original Reserved Pole, and the original Reserved Pole’s status as reserved will terminated). During any period that a Reserved Pole on which the Company has placed a Base Station in accordance with the provisions of this Agreement becomes (for reasons unrelated to the Company and its operations) unavailable for location of a Base Station, any compensation to the City due under Section II. of Appendix D attributed to such Street Pole shall be abated in full, provided that for the period that an alternative Street Pole becomes designated as a Reserved Pole as described in this subsection (4), then compensation will be due with respect to such alternative location, calculated pursuant to Section II. of Appendix D. purposes of this subsection (iv) so long as they are operational when placed in service for their intended, occasional use and so long as the number of such limited use installations shall not be installed on more than 10% of the Company’s Reserved Poles and so long as the Company, upon written request of the City, provides an annual list to the City of such limited use installations on Reserved Poles.

Temporary or Permanent Replacement Reservation. In the event that a Street Operations Pole, on which the Company has placed a Base Station in accordance with the provisions of this Agreement, temporarily or permanently is rendered substantially unusable for the purpose intended under this Agreement (for reasons unrelated to the Company and its operations because, for example, the City has removed the Street Operations Pole, temporarily or permanently), the City will cooperate reasonably with the Company to attempt to locate an alternative Street Operations Pole (which is not otherwise a Reserved Pole reserved to the Company or any other Street Pole Franchisee) that can serve as an alternative location for the Base Station which was installed at such newly unavailable Street Operations Pole. If the City and the Company reach an agreement on such an alternative Street Operations Pole, the City shall designate such Street Operations Pole a Reserved Pole reserved to the Company, such Reservation Pole status to end when and if the original Reserved Pole is restored as an available site or, if earlier, when such status as a Reserved Pole would otherwise end pursuant to the preceding subsection (2) (provided that if the City and the Company agree that it would be more appropriate to keep an installed Base Station at its new location rather than moving it again, back to its original location, then the new location will be deemed to be the applicable Reserved Pole going forward, as if it had been the original Reserved Pole, and the original Reserved Pole’s status as reserved will terminated). During any period that a Reserved Pole on which the Company has placed a Base Station in accordance with the provisions of this Agreement becomes (for reasons unrelated to the Company and its operations) unavailable for location of a Base Station, any compensation to the City due under Section II. of Appendix D attributed to such Street Pole shall be abated in full, provided that for the period that an alternative Street Pole becomes designated as a Reserved Pole as described in this subsection (4), then compensation will be due with respect to such alternative location, calculated pursuant to Section II. of Appendix D. purposes 5 The intention of this subsection (iv) so long as they are operational when placed in service for their intended, occasional use and so long as the number of such limited use installations shall not be installed on more than 10% of the Company’s is to allow Reserved Poles and so long as that are not are not fulfilling the Company, upon written request intended purpose of the City, provides an annual list providing service to the City be made available to other Street Pole Franchisees who may be interested in using such Street Operations Pole for provision of such limited use installations on Reserved Poles.service. This subsection