1999 036 Ordinance - Laserfiche WebLink

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(d) In addition to the foregoing, the applicable Sublessor at its sole option, shall have the right to place a temporary cell site, temporary antenna structure and/or other temporary equipment, which are collectively referred to hereinafter as "Temporary Facilities" from and after the occurrence of any event of the type described above, including, without limitation, during the period of any restoration. In the event any such Temporary Facilities are installed and such Sublessor commences utilization of the same, any abatement of the applicable Site Maintenance Charge based upon non-utilization shall cease as of the commencement of use of the Temporary Facilities by such Sublessor, provided, however, such Sublessor shall have the right to deduct during any continued period of restoration, the cost of installing the Temporary Facilities from the applicable Site Maintenance Charge which would otherwise be due. The right of such Sublessor to install Temporary Facilities shall not in any way affect or limit such Sublessof s right to terminate as provided above. 15. SPACE SUBTENANTS; INTERFERENCE. (a) TowerCo shall not permit any Space Subtenants (other than any Sublessor in respect of any Available Space) on the Subleased Property of any Site, if the subsequent use by such Space Subtenant would adversely affect such Sublessofs then~urrent operations, use or enjoyment on a Site. In the event TowerCo receives any request or requests to locate any wireless Communications Equipment on the Subleased Property from any third party which is in the business of Wireless Communications Services ("Carrier"), TowerCo may permit such Carrief s Equipment on the Tower . without the requirement of obtaining the applicable Sublessof s approval provided that such carrief s Communications Equipment does not encroach into "AirTouch's Vertical Separation Zone". For purposes of this Section 15, "AirTouch's Vertical Separation Zone" means an areaten (10) feet above the highest point of the Sublessor's Communications Equipment on the Tower and an area ten (10) feet below the lowest point of Sublessor's Communications Equipment on such Tower, with full horizontal clearance. If TowerCo wishes to permit a Carrier's Communications Equipment to occupy space on a Tower within AirTouch's Vertical Separation Zone, TowerCo shall provide.the applicable Sublessor with such Carrier's plans and specifications for the proposed facility. Such applicable Sublessor shall have five (5) business days after its receipt of Carrier's plans and specifications, or any revisions thereof as hereinafter set forth, to respond to TowerCo in writing with comments in reasonable detail concerning the tarrier's plans and specifications and such Sublessors approval or disapproval of such plans and specifications. If Sublessor Earls to give such notice of its objections to Carrier's plans and specifications within such period it shall be deemed to have approved such plans and specifications. If the Carrier's plans and specifications are not approved by the Sublessor, the TowerCo shall instinct the t.,arrier to revise its plans and specifications to meet the objections thereto set forth in the Sublessors disapproval. No construction, installation, testing, or operation of Carrier's Communications Equipment shall be permitted by TowerCo unless and until such Sublessor approves the Carrier's plans and specifications. In the event such Sublessor determines that there is any interference with its then-current use of the Reserved Space (or any Additional Space then being used by such Sublessor) after the installation of such Communications Equipment on the Subleased Property by such Carrier, TowerCo shall comply with all of the provisions set forth in the "Technical Requirements for Third Party Co-Location," attached hereto as Exhibit D. Notwithstanding the foregoing, such Sublessor shall have the right to disapprove any proposal for the installation and/or use of Communications Equipment by any Carrier on the Subleased Property in the event any of the permits, authorizations and/or approvals obtained by such Sublessor from governmental or quasi- governmental agencies for such Sublessors use of the Reserved Space (or any Occupied Space being used by such Sublessor) would be adversely affected now or in the future by such installation and/or use in such Sublessors sole judgment. Prior to entering into Space Subtenant agreements, TowerCo shall secure AirTouch's approval of the form of such agreement, it being understood that such form will contain a standard interference provision (first in time, first in right) and further, TowerCo may, from time to time, without AirTouch's fiuther approval, which approval shall not be unreasonably withheld, delayed or conditioned, make commercially reasonable modifications thereto, to the extent there will not be a material adverse affect on any of the Sublessors or diminish the Sublessors' rights. TowerCo shall not