Common use of Improvements and Construction Clause in Contracts

Improvements and Construction. 7.1 APPROVED COMMUNICATIONS FACILITY. NEXTEL has the right, at -------------------------------- NEXTEL's sole cost and expense, to erect, maintain, replace and operate at the Site, only that communications facility specified on the SLA. It is understood that NEXTEL shall have the right at each and every Site, subject to compliance with the terms of this Agreement and particularly those set forth in this Section, to replace the equipment described in an SLA with similar and comparable equipment so long as: (a) there is no greater wind loading, structural loading, size, weight or height; and (b) the equipment operates at the frequency or range of frequencies designated in the applicable SLA, or at the frequency or range of frequencies identified in NEXTEL's current licenses or successor licenses thereto, for the transmission of wireless communications signals of that given Site. It is understood that any such replacement equipment must be frequency compatible with then existing uses of the Site and that any change in frequency shall not adversely impact the business of CROWN, as determined within CROWN's sole discretion. Prior to commencing any installation or material alteration of a communications facility and prior to accessing the communications tower structure for any reason whatsoever, NEXTEL must obtain [*] Indicates where text has been omitted pursuant to a request for confidential treatment. The omitted text has been filed with the Securities and Exchange Commission separately. CROWN's approval of: 7.1.1 NEXTEL's plans for installation or alteration work; and 7.1.2 The identity of the contractor performing the installation or material alteration or in any way accessing the tower structure itself. CROWN's approval must not be unreasonably withheld or delayed. All of NEXTEL's installation and alteration work must be performed: 7.1.3 At NEXTEL's sole cost and expense; 7.1.4 In a good and workmanlike manner, using the care and skill ordinarily used by members of the profession practicing under similar conditions at the same time and in the same geographic area; 7.1.5 In accordance with applicable building codes and the provisions of Exhibit "F" attached hereto; and 7.1.6 Must not adversely affect the structural integrity or maintenance of the Site or any structure on or use of the Leased Premises. Any structural alterations to a structure on the Leased Premises must be designed, at NEXTEL's sole cost and expense, by a structural engineer licensed in the jurisdiction where the Site is located. Notwithstanding the foregoing, for any structural alterations on a tower, such structural engineer must either be approved by the tower manufacturer or by CROWN. For structural alterations requiring a municipal permit, the structural engineer must be satisfactory to the local municipality. Following the initial installation of a Site, any installation, maintenance, material alteration or removal of equipment at a Site by NEXTEL and any activities whatsoever requiring access to a tower structure, must be performed by a contractor reasonably acceptable to Lessor (which acceptance may specifically include a requirement that all such contractors provide to CROWN, in advance of any such Work) certificates of insurance consistent with the provisions of this Agreement). CROWN's consent thereto shall not be unreasonably withheld or delayed. In the event that the Independent Contractor Agreement between the parties has expired or terminated and CROWN, therefore, does not perform such work, NEXTEL must engage CROWN's project manager to monitor, inspect and approve all activities performed by or on behalf of NEXTEL at the initial rate of [*] per hour not to exceed a total of [*] per Site for any given installation, maintenance or material alteration project. The hourly rate and the maximum charge for the project manager shall be adjusted on each Adjustment Date pursuant to the formula set forth in Section 4.2. Notwithstanding anything to the contrary contained in this Agreement, [*] Indicates where text has been omitted pursuant to a request for confidential treatment. The omitted text has been filed with the Securities and Exchange Commission separately. CROWN, with respect to any work to be performed at a Site, shall have the right of first refusal to meet any bona fide bid selected by NEXTEL for the performance of such work upon the same terms and conditions as set forth in the bid. CROWN shall have seven (7) business days after the receipt of such bid to notify NEXTEL whether CROWN intends to meet such bid and perform the work in accordance with the bid. In the event CROWN does not notify NEXTEL within such time, NEXTEL may proceed to contract with said bidder subject to CROWN's approval as set forth above. Said erection, maintenance, replacement and operation will in no way damage or interfere with CROWN's use of or any other operations at the communications facility. If damage or interference is caused by NEXTEL and NEXTEL fails to make such repairs immediately after notice by CROWN, CROWN may make the repairs and the reasonable costs thereof shall be payable to CROWN by NEXTEL on demand. If NEXTEL does not make payment to CROWN within thirty (30) days after such demand, CROWN shall have the right to immediately terminate the applicable SLA. . No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the tower structure or its appurtenances.

Improvements and Construction. 7.1 6.1. APPROVED COMMUNICATIONS FACILITY. NEXTEL TRITEL has the right, at -------------------------------- NEXTELTRITEL's sole cost and expense, to erect, maintain, replace and operate at the Site, Site only that communications facility equipment specified on the SLA. It is understood that NEXTEL TRITEL shall have the right at each and every Site, subject to compliance with the terms of this Agreement and particularly those set forth in this Section, to replace the equipment described in an SLA with similar and comparable equipment so long as: (a) there is no greater wind loading, structural loading, size, weight or height; and and, (b) the equipment operates at the frequency or range of frequencies designated in the applicable SLA, or at the frequency or range of frequencies identified in NEXTELTRITEL's current FCC licenses or successor licenses thereto, for the transmission of wireless communications signals of at that given Site. It is understood that any such replacement equipment must be frequency compatible with then existing uses of the Site and that any change in frequency shall not adversely impact interfere with the business of CROWN, as determined within CROWN's sole discretionthen existing equipment upon the Site. Prior to commencing any installation or material alteration of a communications facility and prior to accessing the communications tower structure for any reason whatsoever, NEXTEL TRITEL must obtain [*] Indicates where text has been omitted pursuant to a request for confidential treatment. The omitted text has been filed with the Securities and Exchange Commission separately. CROWN's approval of: 7.1.1 NEXTEL6.1.1. TRITEL's plans for installation or alteration work; and, 7.1.2 6.1.2. The identity of the contractor performing the installation or material alteration or in any way accessing the tower structure itself. CROWN's approval must not be unreasonably withheld withheld, conditioned or delayed. All of NEXTELTRITEL's installation and alteration work must be performed: 7.1.3 6.1.3. At NEXTELTRITEL's sole cost and expense; 7.1.4 6.1.4. In a good and workmanlike manner, using the care and skill ordinarily used by members of the profession practicing under similar conditions at the same time and in the same geographic area; 7.1.5 6.1.5. In accordance with applicable building codes and with the provisions of Exhibit "FD" attached hereto; and, 7.1.6 6.1.6. Must not adversely affect the structural integrity or maintenance of the Site or any structure on or use of the Leased Premises. Any structural alterations to a structure on the Leased Premises must be designed, at NEXTELTRITEL's sole cost and expense, by a structural an engineer licensed or authorized in the jurisdiction where the Site is located. Notwithstanding the foregoing, for any structural alterations on a towerof the communications facility, such structural engineer must either be approved by the tower manufacturer CROWN which approval will not be unreasonably withheld, conditioned, or by CROWNdelayed. For structural alterations requiring a municipal permit, the structural engineer must be satisfactory to the local municipality, to the extent required by such municipality. Following the initial installation of a Site, any installation, maintenance, material alteration or removal of equipment at a Site by NEXTEL TRITEL and any activities whatsoever requiring access to a tower structure, must be performed by a contractor reasonably acceptable to Lessor CROWN (which acceptance may specifically include a requirement that all such contractors provide to CROWN, in advance of any such Work) work, certificates of insurance consistent with the provisions of this Agreement). CROWN's consent thereto shall not be unreasonably withheld withheld, conditioned or delayed. In Notwithstanding the event that the Independent Contractor Agreement between the parties has expired or terminated and CROWNforegoing contained through section 6.1, therefore, does not perform such work, NEXTEL must engage CROWN's project manager to monitor, inspect and approve all activities performed by or on behalf of NEXTEL at the initial rate of [*] per hour not to exceed a total of [*] per Site for any given installation, maintenance or material alteration project. The hourly rate and the maximum charge for the project manager shall be adjusted on each Adjustment Date pursuant to the formula set forth in Section 4.2. Notwithstanding anything to the contrary contained in this Agreement, [*] Indicates where text has been omitted pursuant to a request for confidential treatment. The omitted text has been filed with the Securities and Exchange Commission separately. CROWN, with respect to any work to be performed at a Site, TRITEL shall have the right of first refusal to meet any bona fide bid selected by NEXTEL for the performance of such work upon the same terms and conditions as set forth in the bid. CROWN shall have seven (7) business days after the receipt of such bid to notify NEXTEL whether CROWN intends to meet such bid access and perform the work in accordance with the bidroutine maintenance upon its equipment without notice to or approval by CROWN. In the event CROWN does not notify NEXTEL within such time, NEXTEL may proceed to contract with said bidder subject to CROWN's approval as set forth above. Said Any erection, maintenance, replacement and operation removal will in no way damage or interfere with CROWN's use of or any other operations at the communications facility. If damage or interference is caused by NEXTEL TRITEL and NEXTEL TRITEL fails to make such repair or commence the repairs immediately within thirty (30) days after notice by CROWN, CROWN may make the repairs and the reasonable costs thereof shall be payable to CROWN by NEXTEL on demandTRITEL upon written notice. If NEXTEL TRITEL does not make payment to CROWN within thirty (30) days after such demandnotice, CROWN shall have the right to immediately terminate the applicable SLA. . No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the tower structure or its appurtenances.