Common use of Number of Sites Clause in Contracts

Number of Sites. (a) Carrier shall and hereby grants to Tower Company the right to develop, construct and lease twenty two (22) Tower Facilities in the Birmingham Market more particularly described in Exhibit A attached hereto. The granting of the twenty two (22) sites mentioned above will count towards the fulfillment of Carrier's obligation to award sites as stated in Schedule 1 and Schedule 2 To Attachment "VI" of this agreement. It is understood and agreed by Carrier and Tower Company from this point forward, that any rights to develop, construct and lease any future sites for Carrier in any market, will be awarded on merit only. In the event that the Tower Company elects not to accept an Applicable Tower Site or otherwise terminates its obligations in regards to an Applicable Tower Site or does not complete an Applicable Tower Site the total number of Tower Facilities to be constructed in the Birmingham Market (or other Markets if applicable) by Tower Company will be reduced by the number of Applicable Tower Sites rejected, terminated or not otherwise completed. (b) In the event that the Tower Company rejects or terminates its obligations or otherwise fails to complete or does not otherwise complete and construct twenty percent (20%) or more of the Tower Facilities and installation of the Carrier Equipment upon the Applicable Tower Sites in the Birmingham Market, such actions shall constitute an Event of Default under the Master Lease and in addition to any other remedies at equity or law or in the Master Lease which Carrier may have, Carrier shall have the right to terminate the Master Lease upon five (5) days written notice and to require the Tower Company to assign or reassign any or all Ground Leases under the applicable Tower Sites in the Birmingham Market to Carrier or its assignee, to assign or reassign any or all Pre-Development Information to Carrier or its assignee and to assign or reassign any other easements, leases, licenses, subleases, contracts, suppliers contracts or agreements regarding or related to any or all of the Applicable Tower Sites in the Huntsville Market to the Carrier or its assignee. In addition thereto Carrier shall have the right to require the Tower Company to convey any other property (real or personal, tangible or intangible) related to or connected to the Applicable Tower Sites in the Birmingham Market, including without limitation, the Tower Facilities, any pads, utilities, wiring, cabling, connections, etc. to the Carrier or its assignee. The Carrier or its assignee shall reimburse the Tower Company for the fair market value of the tower and the related accessories, but no further or otherwise.

Number of Sites. (a) Carrier shall and hereby grants to Tower Company the right to develop, construct and lease twenty two a minimum of twenty-seven (2227) Tower Facilities in the Birmingham Nashville Market more particularly described in Exhibit A attached hereto. The granting In the event that Carrier does not require the construction of 27 new Tower Facilities in the Nashville Market during the 1999 calendar year, all of the twenty two (22) sites mentioned above will count towards the fulfillment of Carrier's obligation to award sites as stated in Schedule 1 and Schedule 2 To Attachment "VI" of this agreement. It is understood and agreed by new Tower Facilities which Carrier and Tower Company from this point forward, that any rights to develop, must construct and lease any future sites for install in the Nashville Market in the 1999 calendar year, which Carrier in any marketintends to assign to a third (3rd) party, will shall be awarded on merit onlyconstructed, developed and owned by Tower Company. In the event that the Tower Company elects not to accept an Applicable Tower Site or otherwise terminates its obligations in regards to an Applicable Tower Site or does not complete an Applicable Tower Site the total number of Tower Facilities to be constructed in the Birmingham Nashville Market (or other Markets if applicable) by Tower Company will be reduced by the number of Applicable Tower Sites rejected, terminated or not otherwise completed. (b) In Subject to Tower Company's right to terminate its obligations with respect to an Applicable Tower Site prior to commencement of construction of the Tower Facilities pursuant to Section 2.1(b)(ii)(B) of the Master Lease, Tower Company acknowledges and agrees that the Tower Company has agreed to accept build, develop and lease all of the Tower Sites in the Nashville Market, provided that such Tower Sites meet the following criteria: (i) That the Tower Site can be operated as a multi-tenant tower site; and (ii) That the Tower Site is not adjacent in close proximity (within one-half mile) to any other towers or tower sites which tower has space upon it that is available for lease and which space is actually available for lease to third parties upon a freely commercial basis; and (iii) That the Ground Lease does not contain any provisions which require the Tower Company to pay additional rent in the event that it subleases or licenses space to another party upon the Tower Facility; and (iv) That the Ground Lease and/or Government Approvals do not require the Tower Company to place a stealth, camouflaged, disguised or similar type tower facility upon the Tower Site. Such Tower Facilities shall hereinafter be referred to as the "Acceptable Tower Site Candidates." Subject to the Tower Company's right to terminate its obligations with respect to an Applicable Tower Site prior to commencement of construction of the Tower Facilities pursuant to Section 2.1(b)(ii)(B) of the Master Lease, in the event that the Tower Company rejects rejects, does not accept or terminates its obligations or otherwise fails to complete or does not otherwise complete the construction and construct installation of Tower Facilities and the Carrier Equipment upon twenty percent (20%) or more of the Acceptable Tower Facilities and installation Site Candidates in the Nashville Market, subject to the Force Majeure provisions set forth in Section 5.5(e) of the Carrier Equipment upon the Applicable Tower Sites in the Birmingham MarketMaster Lease, such actions shall constitute an Event of Default under the Master Lease after fifteen (15) days written notice from Carrier, in the event that such actions and in addition failures are not cured within such fifteen (15) day period. Upon the occurrence of such event of default, without further notice or demand, the Carrier shall have the right to withhold and not provide or assign any additional Tower Sites to the Tower Company for development or construction and Tower Company shall have no right to and hereby waives the right to require Carrier to assign or otherwise provide it with any Tower Sites, Ground Leases, Pre-Development Information or other information or documentation relating to any other remedies at equity Tower Facility or law or in Tower Site not assigned to the Master Lease Tower Company previous to the date of the notice of the occurrence of event of default. In addition thereto, for any Tower Sites which Carrier may havethe Tower Company has not applied for a building permit, Carrier shall have the right to terminate the Master Lease upon five (5) days written notice and to require the Tower Company to assign or reassign any or all Ground Leases under the applicable Applicable Tower Sites in the Birmingham Nashville Market to Carrier or its assignee, to assign or reassign any or all Pre-Development Information to Carrier or its assignee and to assign or reassign any other easements, leases, licenses, subleases, contracts, suppliers contracts or agreements regarding or related to any or all of the Applicable Tower Sites in the Huntsville Nashville Market to the Carrier or its assignee. In addition thereto such event, Carrier shall have the right to require the Tower Company to convey any other property (real or personal, tangible or intangible) related to or connected to the Applicable Tower Sites in the Birmingham Market, including without limitation, the Tower Facilities, any pads, utilities, wiring, cabling, connections, etc. to the Carrier or its assignee. The Carrier or its assignee shall reimburse the Tower Company for the fair market value Pre-Development Costs which Tower Company actually incurred for Pre-Development Information which is reassigned to the Carrier and which Pre-Development Information is reasonably acceptable to Carrier up to the amounts listed for each milestone listed in Section 3 of the tower and the related accessories, but no further or otherwisethis Schedule.

Number of Sites. (a) Carrier shall and hereby grants to Tower Company the right to develop, construct and lease twenty two a minimum of fourteen (2214) Tower Facilities in the Birmingham ▇▇▇▇▇▇▇▇▇▇ Market. In the event that Carrier does not require the construction of 14 new Tower Facilities in the ▇▇▇▇▇▇▇▇▇▇ Market more particularly described in Exhibit A attached hereto. The granting during the 1999 calendar year, all of the twenty two (22) sites mentioned above will count towards the fulfillment of Carrier's obligation to award sites as stated in Schedule 1 and Schedule 2 To Attachment "VI" of this agreement. It is understood and agreed by new Tower Facilities which Carrier and Tower Company from this point forward, that any rights to develop, must construct and lease any future sites for install in the ▇▇▇▇▇▇▇▇▇▇ Market in the 1999 calendar year, which Carrier in any marketintends to assign to a third (3rd) party, will shall be awarded on merit onlyconstructed, developed and owned by Tower Company. In the event that the Tower Company elects not to accept an Applicable Tower Site or otherwise terminates its obligations in regards to an Applicable Tower Site or does not complete an Applicable Tower Site the total number of Tower Facilities to be constructed in the Birmingham ▇▇▇▇▇▇▇▇▇▇ Market (or other Markets if applicable) by Tower Company will be reduced by the number of Applicable Tower Sites rejected, terminated or not otherwise completed. In the event that the Carrier does not initially assign the Tower Company fourteen (14) Tower Facilities in the ▇▇▇▇▇▇▇▇▇▇ Market during the 1999 calendar year, the Carrier shall assign to the Tower Company Tower Facilities in the ▇▇▇▇▇▇▇▇▇▇ Market or other Carrier Markets to the extent available in the 1999 calendar year and/or the first quarter of the 2000 calendar year so that the cumulative number of sites in this Schedule shall not be diminished. (b) In the event that the Tower Company rejects or terminates its obligations or otherwise fails to complete or does not otherwise complete and construct twenty percent (20%) or more of the Tower Facilities and installation of the Carrier Equipment upon the Applicable Tower Sites in the Birmingham ▇▇▇▇▇▇▇▇▇▇ Market, such actions shall constitute an Event of Default under the Master Lease and in addition to any other remedies at equity or law or in the Master Lease which Carrier may have, Carrier shall have the right to terminate the Master Lease upon five (5) days written notice and to require the Tower Company to assign or reassign any or all Ground Leases under the applicable Tower Sites in the Birmingham ▇▇▇▇▇▇▇▇▇▇ Market to Carrier or its assignee, to assign or reassign any or all Pre-Development Information to Carrier or its assignee and to assign or reassign any other easements, leases, licenses, subleases, contracts, suppliers contracts or agreements regarding or related to any or all of the Applicable Tower Sites in the Huntsville ▇▇▇▇▇▇▇▇▇▇ Market to the Carrier or its assignee. In addition thereto Carrier shall have the right to require the Tower Company to convey any other property (real or personal, tangible or intangible) related to or connected to the Applicable Tower Sites in the Birmingham ▇▇▇▇▇▇▇▇▇▇ Market, including without limitation, the Tower Facilities, any pads, utilities, wiring, cabling, connections, etc. to the Carrier or its assignee. The Carrier or its assignee shall reimburse the Tower Company for the fair market value of the tower and the related accessories, but no further or otherwise.