Site Availability. Subject to Article XVI, Operator will be responsible, at its sole cost and expense, for securing the rooftop, transmission tower, and SPRINT PROPRIETARY INFORMATION EXECUTION VERSION equipment room space necessary for the installation of the transmission facilities that operate on or in connection with any Spectrum. Operator will ensure that any lease or contractual agreement for rooftop, transmission tower, or equipment room space for use in connection with the Spectrum will be freely assignable by Operator to Sprint. Prior to entering into an agreement for the use of such facilities and space, Operator will consult with Sprint regarding the availability of facilities owned or leased by a Sprint Entity. In the development of the advanced high speed wireless data system in Region 1, Operator will procure tower space, backhaul and other network elements and services for use in such system from a Sprint Entity when commercially and competitively reasonable provided that any such Sprint Entity responds to any such inquiry by Operator in a timely manner.
Appears in 3 contracts
Sources: Market Operation, Spectrum Lease and Sublicense Agreement (Clearwire Corp), Market Operation, Spectrum Lease and Sublicense Agreement (Clearwire Corp), Market Operation, Spectrum Lease and Sublicense Agreement (Clearwire Corp)