Tower Construction. Seller shall proceed in a commercially reasonable ------------------ manner to, and in any event shall, no later than the Closing Date for the Second Closing: (a) complete construction of a Tower on each of the locations identified on the attached Schedule 5.14 (each, an "Existing Tower Construction --------------------------- Site"); (b) convey, assign and transfer to Purchaser, free and clear of all ---- liens and encumbrances other than Permitted Encumbrances, and pursuant to such documentation as is reasonably satisfactory to Purchaser, each such Tower and ground lease; and (c) satisfy all conditions set forth in Article VI hereof with respect to each such Tower and ground lease. Notwithstanding the foregoing, should Seller be unable to complete construction of the Existing Tower Construction Sites by the aforementioned date due, the time for performance of the foregoing obligations of Seller shall be extended for a period of time reasonably necessary under the circumstances; provided, however, that any such extended Existing Tower Construction Sites shall not count as a terminated Tower as contemplated by Section 2.6 or Article VI hereof.
Tower Construction. (a) The Seller agrees that for a period of two years following the Closing, neither the Seller nor any of its affiliates shall, directly or indirectly, perform any fabrication, modification or erection of broadcast towers for American Tower Corporation, a Delaware corporation, or any of its affiliates in any broadcast market in which the Company or any Subsidiary owns a broadcast tower or has a broadcast tower under construction as of the date of Closing.
(b) If any court of competent jurisdiction determines that the covenant contained in Section 5.15(a), or any part thereof, is unenforceable because of duration or geographic scope, such court shall have the power to reduce the duration or scope of such covenant, as the case may be, and, in its reduced form, such covenant shall then be enforceable.
(c) If the Seller or any of its affiliates breaches, or threatens to breach, the covenant contained in Section 5.16(a), the Buyer shall have the right and remedy to have such covenant specifically enforced by a court of competent jurisdiction, it being agreed that any such breach or threatened breach would cause irreparable injury to the Buyer, the Company and the Subsidiaries and that money damages would not provide an adequate remedy to the Buyer, the Company and the Subsidiaries.
Tower Construction. Responsibility Matrix for PERUSAT WIMAX Project
Tower Construction. Contractor shall furnish Performance and Payment Bonds to the County, prior to performing any tower construction work under the Contract in an amount equal to the total value of the tower construction including any amendments or change orders made thereto pursuant to the order or other documentation executed by the parties, in strict accordance with FL Statute, §255.05. Failing to do so, shall constitute a material breach of this Contract. The Bonds shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida and subject to approval by the County Risk Manager. Simultaneously with the delivery of the executed Contract to the County, and yearly on or before the anniversary date of the Agreement unless tower construction has been completed, the Contractor must deliver to the County, executed, separate performance and payment bonds on the prescribed forms, each in an amount of one hundred percent (100%) of the Contract price of the tower construction portion of this Contract as security for the faithful performance of this Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The performance and payment bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in Florida. The Attorney-in-Fact or other officer who signs performance and payment bonds for a surety company must record with such bonds a certified copy of his Power-of Attorney authorizing him/her to do so.
