1999 036 Ordinance - Laserfiche WebLink

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(i) this document; (ii) the following Exhibits, which are incorporated herein by this reference: Exhibit A List of Initial Sites Exhibit B Form of Site Designation Supplement Exhibit C Master Tower Site Lease Agreement Exhibit D Technical Requirements for Third Party Co-Location (iii) Schedules to the Exhibits, which are incorporated herein by reference; and (iv) such additional documents as aze incorporated by reference. (b) If any of the foregoing are inconsistent, this Agreement shall prevail over the Exhibits, the Schedules and additional incorporated documents. 3. SUBLEASED PROPERTY (a) Subj ect to the terms and conditions of this Agreement, each Sublessor hereby lets, leases and demises unto TowerCo, and TowerCo hereby leases, takes and accepts from such Sublessor, the Subleased Property of each Site of such Sublessor, in its "AS IS" condition, without any representation, warranty or covenant of or from such Sublessor or any Affiliate of such Sublessor whatsoever as to the condition thereof or the suitability thereof for any particulaz use, except as may. be expressly set forth in the Agreement to Sublease. Except as set forth above, TowerCo hereby acknowledges that neither such Sublessor nor any agent of such Sublessor has made any representation or warranty, express or implied, with respect to any of the Subleased Property, or any portion thereof, or the suitability or fitness for the conduct of TowerCo's business or for any other purpose, including the Permitted Use; and TowerCo fiuther acknowledges that it has had, or by its execution and delivery of a Site Designation Supplement, will have had sufficient opportunity to inspect and approve the condition of the Subleased Property of each Site. (b) Each Site shall be made subject to this Agreement, and the subleased portions thereof added to the Subleased Property, by the execution and delivery of a Site Designation Supplement with respect thereto between the applicable Sublessor and TowerCo (each such closing being referred to herein as a "Closing"). Each Sublessor and TowerCo acknowledge that a Site Designation Supplement is being executed and delivered with respect to each Initial Site of such Sublessor contemporaneously with the execution and delivery of this Agreement. The initial Closing is refereed to herein as the "Initial Closing" and each Closing occurring after the Initial Closing is referred to herein as a "Subsequent Closing." Each Sublessor and TowerCo acknowledge aad agree that this Agreement is intended to constitute a single sublease covering the Subleased Property of all of the Sites and a single agreement covering all the Sites, and not a separate sublease and agreement covering the individual Sites. The Sublessors and TowerCo acknowledge that their respective rights and obligations, including, without limitation those set forth in Sections 3, 4 and .11, were negotiated and agreed to as an integrated whole, are interdependent (including as to financial structure), and accordingly represent one unitary arrangement. (c) The Parties acknowledge that different related entities may operate or conduct the communications business of AirTouch in different areas. As a result, the Parties agree that each Site Designation Supplement will be signed by TowerCo on the one hand and on the other hand maybe signed by either AirTouch or by any of AirTouch's Affiliates as the applicable Sublessor. The Parties further agree that any Site Designation Supplement may be executed by TowerCo aad AirTouch or any of AirTouch's Affiliates, as the applicable Sublessor, as the case may be, by a stamped, photocopied or elPC-tmnirally vPnPratPr~ cionat~ire (lf t}v~ n~irr r anthnri~Pri to c;rm n.. l,Phalf of c~,nl, o.,r;+., .,.,.~ tl,.,+ ....,.~,