1999 036 Ordinance - Laserfiche WebLink

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"Restoration" means, as to a Site that has suffered casualty damage, such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of such Site, or any portion thereof, pending completion thereof, required to restore the applicable Site (including the Tower and Improvements thereon) to a condition which is at least as good as the condition which existed immediately prior to such damage, and such other changes or alterations as may be reasonably acceptable to the applicable Sublessor and TowerCo or required by Law. "Return"means any report, return, statement, estimate, declaration, form or other information required to be supplied to a taxing authority in connection with any Taxes. "Right of First Refusal" means the right of any Sublessor, exercisable in its sole discretioq to sublease any Available Space from TowerCo pursuant to Section 25. "Right of Substitution" means the right of any~Sublessor, exercisable in its sole discretion, to substitute the Reserved Space of any Site for an Available Space on such Site by relocation of its Communications Facility on such Site to such Available Space, all pursuant to Section 25. "Site" means any site now or hereafter subject to this Agreemeat,_including without limitation: (i) any Initial Site; and (ii) any Site added to this Agreement pursuant to a Site Designation Supplement with respect thereto. Reference to a Site shall include the Land thereof; and the Tower and Improvements on the Land, including the portion of the Tower which is a part of the Reserved Space, but shall not include AirTouch's Improvements and Communications Equipment located thereon. "Site Commencement Date" means the date on which the Term of this Agreement commences as to such Site, as set forth in the applicable Site Designation Supplement. "Site Designation Supplement" means, as to any Site, a supplement to this Agreement, in substantially the form of Exhibit B attached hereto and otherwise in recordable form, pnr~,ant to which such Site is made subject to this Agreement, and the subleased portions thereof added to the Subleased Property. "Site Term Year" means, as to each Site: (i) if the Site Commencement Date is the first day of a calendar month, the twelve (12) calendar month period commencing on the Site Commencement Date, and ending on the day immediately preceding the first anniversary of the Site Commencement Daze, and each succeeding such twelve (12) calendaz month period during the term of this Agreeme~ or (ii) if the Site Commencement Date is not the first day of a calendar month, the twelve (12) calendar month period commencing~on the first day of the first calendar month following the Site Commencement Date, and ending on the day immediately preceding the first anniversary of such date, and each succeeding such twelve (12) calendar month period during the term of this Agreement, mp vided, however, that, if the Site Commencement Date is a day other than the first day of a calendar month, the first Site Temr Year shall include the period from the Site Commencement Date through the last day of the calendar month during which the Site Commencement Date occurs. "Space Subtenant" means Existing Space Subtenants and New Space Subtenants. "Space Subtenant's Improvements" means, as to any Space Subtenant at any Site, such Space Subtenant's Communications Equipment, together with equipment buildings, equipment shelters and other constructions (other than AirTouch's Improvements and Communications Equipment) located on the Land of such Site and used by such Space Subtenant. "Sublease Year" means each succeeding twelve (12) calendaz month period commencing on the date hereof.