Total Maximum Number of Reserved Poles Per Street Pole Franchisee; Merger of Street Pole Franchises Sample Clauses

Total Maximum Number of Reserved Poles Per Street Pole Franchisee; Merger of Street Pole Franchises. (A) At no time shall the Company have more than three thousand (3000) Reserved Poles reserved to it throughout the Franchise Area, unless the City agrees to an increase in such maximum number. (B) In the event that a transaction occurs involving two Street Pole Franchises such that one of the Street Pole Franchises involved in such transaction remains in effect and the other does not (with one of the two Street Pole Franchisees seeking to continue to occupy sites or seek future reservations pursuant to the eliminated franchise), for example an assignment the result of which is a consolidation of two franchises into one, then as provided in Section 9.6(b)(v) of this Agreement, the surviving Street Pole Franchisee shall be obligated to pay Zone Compensation and Street Pole Compensation as if both of the Street Pole Franchises continued in effect (and the Zone Compensation under the surviving Street Pole Franchise shall be deemed increased to reflect such obligation), and the reservation priority system and maximum number of poles provisions of this Appendix A shall also be applied as if the surviving Street Pole Franchisee continued to hold the rights that were held under the no longer surviving Street Pole Franchise. Thus, for example, if the Street Pole Franchisees holding third and fifth priorities in Zone C were to undertake a consolidation transaction in which only the third priority Street Pole Franchise survives, and the third priority Street Pole Franchisee seeks to continue to exercise rights previously exercised by the eliminated franchise, then (i) the third priority Street Pole Franchise would be deemed to provide for a greater Zone Compensation, equal to the sum of the Zone Compensation under both Street Pole Franchises, (ii) the third priority Street Pole Franchisee would be entitled to maintain Base Stations on those Street Poles the fifth priority Street Pole franchisee had been entitled to maintain, (iii) in each New Reservation Phase, the third priority Street Pole Franchisee would be entitled to submit a Reservation Notice in both the third priority reservation spot and the fifth priority reservation spot, and (iv) the total permitted installation limit pursuant to the preceding paragraph (A) would be one set of three thousand attributable to third priority selections plus a second set of three thousand attributable to fifth priority selections.
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