Common use of Installation Work Clause in Contracts

Installation Work. (a) The Permittee shall perform, at its sole cost and expense, all installation work required to prepare each Port Authority Facility where the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment and the construction of all associated improvements appurtenant to the operation of the System, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”). (i) The Permittee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of ▇▇▇▇▇▇ Corporation, RCC Consultants, LGC Wireless and ▇▇▇▇▇ Telecom. (ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), in the form supplied by the Port Authority, and containing such terms and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work in accordance with the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged ▇▇▇▇▇▇ Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed).

Installation Work. (a) The Permittee shall performHost hereby grants to Provider an Access License for access to and use of portions of the Property upon which the System will be located . Provider will cause the System to be designed, at its sole cost engineered, installed, operated and expense, all installation work required to prepare each Port Authority Facility where the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment constructed substantially in accordance with Applicable Laws and the construction terms of all associated improvements appurtenant to the operation of the System, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”). (i) The Permittee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation of the SystemAgreement. Prior to retaining any architect, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority Host shall have the right to disapprove any architectreview all construction plans, professional engineer or other technical consultant who may be unacceptable to itincluding engineering evaluations of the impact of the System on (i) the structural integrity and strength of the roof of the Property, if applicable, and (ii) the then current Local Electric Utility’s equipment and service. The Port Authority Host reserves the right to recommend reasonable revisions to the implementation of the System and the Provider may at its sole discretion implement such reasonable revisions so long as such reasonable revisions will not result in a higher cost to Provider. Any delay caused solely by such revisions shall approve in advance extend the Permittee’s contract time with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention which Provider must reach Commercial Operation by the Permittee length of ▇▇▇▇▇▇ Corporationsuch delay. Prior to the start of the Installation work, RCC Consultants, LGC Wireless and ▇▇▇▇▇ TelecomProvider shall have a kickoff meeting with Host. (iib) (1) Prior to Provider shall provide the commencement of any Initial project management and construction management services for the System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), as described in the form supplied by System Description as defined in Schedule 2 of the Port AuthorityAppendix. Provider shall (a) maintain a qualified and competent organization as necessary to perform the Installation Work in the applicable System Description, (b) maintain the System Site in a safe condition and reasonably clear of debris, waste material, and containing such terms rubbish, (c) use only the entrance(s) described in the applicable System Description for ingress and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner egress of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixturesall personnel, equipment, vehicles, and systems to be installed by the Permittee. The plans materials, and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to (d) otherwise perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work in accordance with the Port Authorityapplicable System Description, including any limitations contained therein. Host shall have the right at all times to review Provider’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, work on the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted to determine if Provider is in compliance with the requirements set forth above System Description and Host’s policies and procedures. If Host determines in this paragraph. Any Construction Application its reasonable discretion that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work Provider is not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection compliance with the review by the Port Authority of the Permitteeapplicable System Description or Host’s submissions under this Sectionpolicies and procedures, the Permittee Parties shall submit promptly work together in good faith to remedy such issues. If the Port AuthorityParties are unable to agree upon a mutually satisfactory resolution to any such issues, at then Host may contract with a third party to review the Port Authority’s request, issues and determine the appropriate resolution of such additional data, detail or information as issues. Provider shall bear the Port Authority may require cost for such reviewthird party review only if such third party reasonably determines that Provider has materially deviated from the System Description. (c) Provider may elect to have the Work performed or provided by contractors or subcontractors engaged by Provider. Following To the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage extent Provider elects to cause any contractor or permit subcontractor to perform or provide any of the Work, Provider shall remain fully liable for the performance of such Installation Work and such delegation shall not relieve Provider from any of Provider’s obligations or liabilities under this Agreement. Provider shall use reasonable efforts to ensure all such contractors and subcontractors comply with obligations required of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of Provider for work under this Agreement including such contractors and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged ▇▇▇▇▇▇ Corporation and LGC Wireless Inc. subcontractors naming Host as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed)an additional insured.

Installation Work. (a) The Permittee shall perform, at its sole cost Host hereby grants to Provider an Access License for access to and expense, all installation work required to prepare each Port Authority Facility where the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment and the construction use of all associated improvements appurtenant to the operation portions of the SystemProperty upon which the System will be located. Provider will cause the System to be designed, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Usersengineered, as provided installed, operated and constructed substantially in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”). (i) The Permittee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant in connection accordance with the Initial System Construction Work the name or names terms of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approvalthis Agreement. The Port Authority Host shall have the right to disapprove any architectreview all construction plans, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance including engineering evaluations of the Permitteeimpact of the System on (i) the structural integrity and strength of the roof of the Property, if applicable, and (ii) the then current Local Electric Utility’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of ▇▇▇▇▇▇ Corporation, RCC Consultants, LGC Wireless equipment and ▇▇▇▇▇ Telecomservice. (iib) (1) Prior to Provider shall provide the commencement of any Initial project management and construction management services for the System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), as described in the form supplied by System Description as defined in Schedule 2 of the Port AuthorityAppendix. Provider shall (a) maintain a qualified and competent organization as necessary to perform the Installation Work in the applicable System Description, (b) maintain the System Site reasonably clear of debris, waste material, and containing such terms rubbish, (c) use only the entrance(s) described in the System Description for ingress and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner egress of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixturesall personnel, equipment, vehicles, and systems to be installed by the Permittee. The plans materials, and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to (d) otherwise perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work in accordance with the Port AuthoritySystem Description, including any limitations contained therein. Host shall have the right at all times to review Provider’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, work on the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted to determine if Provider is in compliance with the requirements set forth above System Description and Host’s policies and procedures. If Host determines in this paragraph. Any Construction Application its reasonable discretion that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work Provider is not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection compliance with the review by the Port Authority of the PermitteeSystem Description or Host’s submissions under this Sectionpolicies and procedures, the Permittee Parties shall submit work together in good faith to remedy such issues. If the Port AuthorityParties are unable to agree upon a mutually satisfactory resolution to any such issues, at then Host may contract with a third party to review the Port Authority’s request, issues and determine the appropriate resolution of such additional data, detail or information as issues. Provider shall bear the Port Authority may require cost for such reviewthird party review only if such third party reasonably determines that Provider has materially deviated from the System Description. (c) Provider may elect to have the Work performed or provided by contractors or subcontractors engaged by Provider. Following To the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage extent Provider elects to cause any contractor or permit subcontractor to perform or provide any of the use Work, Provider shall remain fully liable for the performance of such Installation Work and such delegation shall not relieve Provider from any subcontractor unless and until each such contractor of Provider’s obligations or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of liabilities under this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged ▇▇▇▇▇▇ Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed)Agreement.