Non-Restorable Site definition

Non-Restorable Site means a Site that has suffered a casualty that damages or destroys all or a Substantial Portion of such Site, or a Site that constitutes a non-conforming use under applicable Zoning Laws prior to such casualty, in either case such that either (i) Zoning Laws would not allow Tower Operator to rebuild a comparable replacement Tower on the Site substantially similar to the Tower damaged or destroyed by the casualty or (ii) Restoration of such Site under applicable Zoning Law, using commercially reasonable efforts, in a period of time that would enable Restoration to be commenced (and a building permit issued) within one year after the casualty, would not be possible or would require either (A) obtaining a change in the zoning classification of the Site under applicable Zoning Laws, (B) the filing and prosecution of a lawsuit or other legal proceeding in a court of law or (C) obtaining a zoning variance, special use permit or any other permit or approval under applicable Zoning Laws that cannot reasonably be obtained by Tower Operator.

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Non-Restorable Site means a Site that has suffered a casualty which damages or destroys all or a Substantial Portion of any Site that constitutes a non-conforming use under applicable Zoning Laws prior to such casualty and for which Restoration requires under applicable Zoning Laws either (i) obtaining a change in the zoning classification of the Site under applicable Zoning Laws or Zoning Laws would not allow Lessee to rebuild a comparable replacement tower on the Site substantially similar to the Tower damaged or destroyed by the casualty, (ii) the filing and prosecution of a lawsuit or other legal proceeding in a court of law, or (iii) any other permit or approval under applicable Zoning Laws that cannot be obtained by Lessor, using commercially reasonable efforts, in a period of time that will enable Restoration to be commenced (and a building permit issued) within one (1) year after the casualty.

Non-Restorable Site means a Site that has suffered a casualty that damages or destroys all or a Substantial Portion of such Site, or a Site that constitutes a non-conforming use under applicable Zoning Laws prior to such casualty, in either case such that either (i) Zoning Laws would not allow Tower Operator to rebuild a comparable replacement Tower on the Site substantially similar to the Tower damaged or destroyed by the casualty or (ii) Restoration of such Site under applicable Zoning Law, using commercially reasonable efforts, in a period of time that would enable Restoration to be commenced (and a building permit issued) within four months (or if not capable of being commenced (and a building permit issued) within such four-month period, then within a reasonable period of time not to exceed one year, provided that the Tower Operator is actively and diligently pursuing Restoration) after the casualty, would not be possible or would require either (A) obtaining a change in the zoning classification of the Site under applicable Zoning Laws, (B) the filing and prosecution of a lawsuit or other legal proceeding in a court of law or (C) obtaining a zoning variance, special use permit or any other permit or approval under applicable Zoning Laws that cannot reasonably be obtained by Tower Operator.

Examples of Non-Restorable Site in a sentence

• Any such notice of termination shall be given not later than 30 days after receipt of the Casualty Notice (or after final determination that the Site is a Non-Restorable Site if arbitration is instituted as provided above).

• In all instances Tower Operator shall have the sole right to retain all insurance Proceeds related to a Non-Restorable Site.

• If Lessee fails to give Casualty Notice to Lessor within such thirty (30) day period, the affected Site shall be deemed not to be a Non-Restorable Site.

• Any such notice of termination shall be given not later than 30 days after receipt of the Casualty Notice (or after senior representatives determine that the Site is a Non-Restorable Site as provided above).

• If Lessor or the applicable Sprint Additional Party disagrees with any determination of Lessee in the Casualty Notice that the Site is a Non-Restorable Site, Lessor or the applicable Sprint Additional Party (as applicable) may institute arbitration proceedings to determine any such matter in the manner described in Section 31(h).

• In all instances Lessee shall have the sole right to retain all insurance Proceeds related to a Non-Restorable Site and any other Site.

• If T-Mobile Collocator disagrees with any determination of Tower Operator in the Casualty Notice that the Site is a Non-Restorable Site, T-Mobile Collocator may institute arbitration proceedings to determine any such matter in the manner described in Section 25(f).

• If a Verizon Collocator disagrees with any determination of Tower Operator in the Casualty Notice that the Site is a Non-Restorable Site, then a senior representative of Tower Operator and a senior representative of Verizon Collocator shall attempt to reach agreement on whether the affected Site is a Restorable Site or a Non-Restorable Site, and if they reach agreement, the Parties shall treat the Site as so determined.

• If Tower Operator fails to give Casualty Notice to the Verizon Collocator within such 45-day period, the affected Site shall be deemed to be a Non-Restorable Site if Verizon Collocator provides notice of such failure to give a Casualty Notice to Tower Operator and Tower Operator’s failure continues for a period of seven days following the receipt of such notice.

• If such Site is a Non-Restorable Site, then either Tower Operator or the applicable AT&T Lessor or AT&T Ground Lease Party, as applicable, shall have the right to terminate this Agreement with respect to such Site by written notice to the other Party (given within the time period required below), whereupon the Term as to such Site shall automatically expire as of the date of such notice of termination.

More Definitions of Non-Restorable Site

Non-Restorable Site means a Site that has suffered a casualty that damages or destroys all or a Substantial Portion of such Site, or a Site that constitutes a non-conforming use under applicable Zoning Laws prior to such casualty, in either case such that either (i) Zoning Laws would not allow Tower Operator to rebuild a comparable replacement Tower on the Site substantially similar to the Tower damaged or destroyed by the casualty or (ii) Restoration of