Common use of Line of sight Clause in Contracts

Line of sight. BellSouth shall manage the placement of all requested GPS antenna mounting brackets on its exterior central office wall space on a first-come, first-served basis. The Parties acknowledge that the functionality of GPS equipment requires an unobstructed line-of-sight to function properly. BellSouth and BSLD will work cooperatively to determine the most suitable placement of the initial GPS antenna mounting bracket on an exterior wall of a requested BellSouth Central Office to obtain an unobstructed line-of-sight. BSLD shall be responsible for determining that BSLD’s GPS antenna can receive an acceptable signal prior to BellSouth’s installation of the mounting bracket. BellSouth will reasonably attempt to locate BSLD’s requested GPS antenna mounting bracket on a first or second story exterior wall of a requested BellSouth Central Office. However, if for any reason, an unobstructed line-of-sight is unavailable on the first or second story of an exterior wall on the requested BellSouth Central Office, BellSouth will work with BSLD to determine the proper placement of the requested GPS antenna mounting bracket to obtain an unobstructed line-of-sight, which may include, but not necessarily be limited to, an exterior wall above the second floor or on the roof of the BellSouth Central Office. After the site of the GPS antenna mounting bracket has been determined and agreed upon by the Parties, it will be BSLD’s responsibility to ensure that the location of the GPS antenna is properly positioned to obtain an unobstructed line-of-sight. BellSouth will assist BSLD in making the determination of an unobstructed line-of-sight, where such is available; however, BellSouth shall make no guarantees that such unobstructed line- of-sight will be available in every BellSouth Central Office requested by BSLD. If, after BSLD has placed its GPS antenna on the GPS antenna mounting bracket installed by BellSouth and BellSouth performs a building enhancement or modification or if the placement of additional equipment on the exterior wall of the BellSouth Central Office obstructs BSLD’s existing line of sight, BellSouth shall work cooperatively with BSLD to move the existing GPS antenna mounting bracket, by raising or lowering the height of the bracket, to obtain an unobstructed line-of-sight. BellSouth will be responsible for the costs to move the existing GPS antenna mounting bracket in the event BellSouth performs a building enhancement or modification or if the placement of additional equipment on the exterior wall of the BellSouth Central Office obstructs BSLD’s existing unobstructed line of sight. 2.2.1 A minimum separation distance of three (3) linear feet must be maintained between existing GPS antennas and/or any other existing antennas and any new GPS antennas that BSLD has asked be installed on the exterior wall of a requested BellSouth Central Office. Collocated GPS antennas will not share wall penetrations. If a third party requests the placement of another GPS antenna mounting bracket on the exterior wall of the same BellSouth Central Office as the one in which BSLD has an existing GPS antenna, and the new GPS antenna mounting bracket will obstruct the line- of-sight of BSLD’s existing GPS antenna, the third party request will be denied.