WGFX-FM Tower Site Sample Clauses

WGFX-FM Tower Site. (a) The main tower site for Station WGFX-FM ("WGFX") is currently located on leased premises at 3201 Xxxxxxxxx Xxxx, Xxshville, Tennessee. Sellers are parties to a letter agreement dated December 16, 1999 with Richland Towers (the "Richland Towers Agreement") regarding the proposed development of a broadcast tower located on the Real Property at Blevxxx Xxxx, Xxxxxxxxxx 00, Xxxxxxx, Xxxxxxxxx (xxe "Lickton Property"). Pursuant to the Richland Towers Agreement, Sellers were considering allowing Richland Towers to construct a multi-use tower on the Lickton Property. Sellers shall notify Richland Towers that Sellers intend to build their own tower on the Lickton Property. The Richland Towers Agreement shall not be an Assigned Contract at the Closing. Sellers shall fully complete (i) construction of a broadcast tower facility, including a tower of not less than 1,281 feet and a transmitter building of not less than 1,000 square feet, on the Lickton Property for the purpose of broadcasting WGFX's signal from such facility and (ii) relocation of the WGFX tower site and related equipment from its current leased site to the new facility at the Lickton Property. Such construction and relocation shall be at Sellers' sole cost and expense, including without limitation any structures, equipment, engineering, moving, testing, FCC compliance and filing and proof of performance costs relating thereto. Such construction and relocation shall be completed in a good and workmanlike manner, in accordance with all applicable laws, and such that WGFX's signal after the construction and relocation is comparable to or better than its signal prior to the construction and relocation. To the extent that such construction and relocation cannot reasonably be completed by Sellers prior to the Closing, Sellers shall continue to bear, after the Closing, the costs and expenses contemplated by Section 10.17(a), unless at the Closing Citadel and Sellers can reasonably agree on the aggregate amount of such post-Closing costs and expenses, in which event such aggregate amount shall be deducted from the Purchase Price and forever retained by Citadel in lieu of Sellers' obligation pursuant to this sentence. (b) In Citadel's sole discretion, Citadel may elect, by written notice delivered to Sellers not later than 30 days after the date hereof, to upgrade the new facility to be constructed on the Lickton Property (in terms of size, structure, strength, design, etc.
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