Common use of Additional Ground Space Clause in Contracts

Additional Ground Space. Without limitation of a Verizon Collocator’s rights under Section 9(a)(i), if a Verizon Collocator deems it necessary to obtain additional ground space (“Additional Ground Space”) to accommodate the Verizon Collocator’s needs at any Site, the Verizon Collocator and Tower Operator shall cooperate to determine the availability of such space and negotiate the lease of such additional space if available on such Site or determine how to secure such additional space if it is not available at such Site and shall follow the application and amendment process set forth in Section 9(e). (i) If Additional Ground Space is then available with respect to such Site, then Tower Operator and the Verizon Collocator shall enter into an amendment to the applicable Site Lease Agreement setting forth the terms under which the Verizon Collocator shall lease any Additional Ground Space, including any additional rent as provided under Section 11(a)(iii). (ii) If such Additional Ground Space is not then available with respect to such Site, then the Verizon Collocator may then seek adjacent additional ground space from the relevant Ground Lessor or other appropriate party (or, at the Verizon Collocator’s discretion, the Verizon Collocator may require Tower Operator to seek such additional ground space). (A) If the Verizon Collocator leases such Additional Ground Space, then the Parties will execute mutually acceptable documents under which the Verizon Collocator will lease its interest in the Ground Lease for such Additional Ground Space to Tower Operator under the MPL and Tower Operator will in turn sublease the Additional Ground Space to the Verizon Collocator under this Agreement. (B) If Tower Operator leases such Additional Ground Space, then the Parties will execute mutually acceptable documents under which Tower Operator will lease such Additional Ground Space to the Verizon Collocator under this Agreement. (C) If in connection with the Tower Operator’s attempt to lease such Additional Ground Space, Tower Operator is not able, using commercially reasonable efforts, to obtain the lease of the amount of space requested by the Verizon Collocator without leasing additional space, then Tower Operator shall first notify the Verizon Collocator of this fact and any additional rent that would be charged for all or any such space in accordance with Section 11(a)(iii)). If the Verizon Collocator objects, then none of such ground space will be added to Verizon Collocator’s lease of space at such Site and Tower Operator need not lease such additional space. If Verizon consents to the lease of such additional space, then Tower Operator and Verizon Collocator shall execute such documents as are described in Section 11(a)(ii)(B) in order to add such space to the Verizon Collocation Space. Notwithstanding the foregoing, if one or more Tower Subtenants and any Verizon Collocator each obtain additional Ground Space (including Ground Space that, pursuant to the preceding sentence, is in excess of the Ground Space they requested) at the same Site at the same time, then the costs for such Ground Space will be split among them in the same proportion that such Ground Space is split among them. (D) In connection with future ground space needs of Tower Operator or any Tower Subtenant at a Site, if the Verizon Collocator is then leasing any ground space under Section 11(a)(ii)(C) in excess of the ground space that it had requested, Tower Operator shall consider whether such excess ground space fits the needs of Tower Operator or the Tower Subtenant and shall offer to remove such space from the Verizon Collocation Space at such Site. If the Verizon Collocator consents to such offer, the excess ground space will be removed from the Verizon Collocation Space and the Verizon Collocator will have no further obligation to pay any additional rent that it had been paying with respect to such removed space. (iii) Tower Operator shall be entitled to an increase in the Verizon Rent Amount from the Verizon Collocator with respect to the Verizon Collocator’s lease of Additional Ground Space only if and to the extent the Additional Ground Space (A) includes space that was not previously part of the Site as of the Effective Date or (B) exceeds the MLA Ground Space. In each case, such increase in the Verizon Rent Amount shall be in an amount in accordance with the a la carte price set forth in Exhibit G.

Additional Ground Space. Without limitation of a Verizon Collocator’s rights under Section 9(a)(i), if a Verizon Collocator deems it necessary to obtain additional ground space (“Additional Ground Space”) to accommodate the Verizon Collocator’s needs at any Site, the Verizon Collocator and Tower Operator shall cooperate to determine the availability of such space and negotiate the lease of such additional space if available on such Site or determine how to secure such additional space if it is not available at such Site and shall follow the application and amendment process set forth in Section 9(e). (i) If Additional Ground Space is then available with respect to such Site, then Tower Operator and the Verizon Collocator shall enter into an amendment to the applicable Site Lease Agreement setting forth the terms under which the Verizon Collocator shall lease any Additional Ground Space, including any additional rent as provided under Section 11(a)(iii). (ii) If such Additional Ground Space is not then available with respect to such Site, then then, at Verizon Collocator’s request, Tower Operator shall use commercially reasonable efforts to obtain the Verizon Collocator may then seek lease of adjacent additional ground space from the relevant Ground Lessor or other appropriate party (or, at the Verizon Collocator’s discretion, the Verizon Collocator may require Tower Operator to seek such additional ground space)party. (A) If the Verizon Collocator leases such Additional Ground Space, then the Parties will execute mutually acceptable documents under which the Verizon Collocator will lease its interest in the Ground Lease for such Additional Ground Space to Tower Operator under the MPL and Tower Operator will in turn sublease the Additional Ground Space to the Verizon Collocator under this Agreement. (B) If Tower Operator leases such Additional Ground Space, then the Parties will execute mutually acceptable documents under which Tower Operator will lease such Additional Ground Space to the Verizon Collocator under this Agreement. (CB) If in connection with the Tower Operator’s attempt to lease such Additional Ground Space, Tower Operator is not able, using commercially reasonable efforts, to obtain the lease of the amount of space requested by the Verizon Collocator without leasing additional space, then Tower Operator shall first notify the Verizon Collocator of this fact and any additional rent that would be charged for all or any such space in accordance with Section 11(a)(iii)). If the Verizon Collocator objects, then none of such ground space will be added to Verizon Collocator’s lease of space at such Site and Tower Operator need not lease such additional space. If Verizon consents to the lease of such additional space, then Tower Operator and Verizon Collocator shall execute such documents as are described in Section 11(a)(ii)(B11(a)(ii)(A) in order to add such space to the Verizon Collocation Space. Notwithstanding the foregoing, if one or more Tower Subtenants Tenants and any Verizon Collocator each obtain additional Ground Space (including Ground Space that, pursuant to the preceding sentence, is in excess of the Ground Space they requested) at the same Site at the same time, then the costs for such Ground Space will be split among them in the same proportion that such Ground Space is split among them. (DC) In connection with future ground space needs of Tower Operator or any Tower Subtenant Tenant at a Site, if the Verizon Collocator is then leasing any ground space under Section 11(a)(ii)(C11(a)(ii)(B) in excess of the ground space that it had requested, Tower Operator shall consider whether such excess ground space fits the needs of Tower Operator or the Tower Subtenant Tenant and shall offer to remove such space from the Verizon Collocation Space at such Site. If the Verizon Collocator consents to such offer, the excess ground space will be removed from the Verizon Collocation Space and the Verizon Collocator will have no further obligation to pay any additional rent that it had been paying with respect to such removed space. (iii) Tower Operator shall be entitled to an increase in the Verizon Rent Amount from the Verizon Collocator with respect to the Verizon Collocator’s lease of Additional Ground Space only if and to the extent the Additional Ground Space (A) includes space that was not previously part of the Site as of the Effective Date or (B) exceeds the MLA Ground Space. In each case, such increase in the Verizon Rent Amount shall be in an amount in accordance with the a la carte price set forth in Exhibit G.