Laserfiche WebLink
successors, administrators and permitted assigns of the Parties hereto. <br /> 31. RELOCATION RIGHT. <br /> A. Anytime within the Initial Term, LICENSOR shall have the right to cause <br /> LICENSEE to relocate LICENSEE's Facilities to alternate space on the Property; <br /> provided however,that such relocation shall (1)be at LICENSEE's cost and <br /> expense which shall be limited to reasonable expenses of moving and re-installing <br /> the tower structure and accompanying equipment, including the cost of City <br /> permits and fees which LICENSEE may legally pay, (2) be performed by <br /> LICENSEE or its agents, (3)not result in any interruption of the communications <br /> services provided by LICENSEE on the property, (4)not impair, or in any manner <br /> alter, the quality of communications services provided by LICENSEE on or from <br /> the Property, and(5)be done in accordance with subsections B and C below. <br /> Upon relocation of LICENSEE's Facilities, the access and utility rights of way <br /> will be relocated as required, in the sole discretion of LICENSOR, to operate and <br /> maintain LICENSEE's Facilities. <br /> B. LICENSOR shall exercise its relocation right under subsection A above by <br /> delivering written notice (the "Notice") to LICENSEE. In the Notice, <br /> LICENSOR shall propose an alternate location to which LICENSEE may <br /> relocate LICENSEE's Facilities. LICENSEE shall have sixty <br /> (60) days from the date it receives the Notice to evaluate LICENSOR's proposed <br /> relocation site, during which period LICENSEE shall have the right to conduct <br /> tests to determine the technological feasibility of the proposed relocation site. If <br /> LICENSEE fails to disapprove of such proposed relocation Premises in writing <br /> within the sixty (60)-day period, LICENSEE shall be deemed to have approved <br /> such proposed relocation site. If LICENSEE disapproves such relocation site, <br /> then LICENSOR may thereafter propose another relocation Premises by Notice to <br /> LICENSEE in the manner set forth above. Any relocation Premises which <br /> LICENSOR and LICENSEE agree upon in writing shall be referred to as the <br /> "Relocation Site." LICENSEE shall have up to twelve (12)months after <br /> execution of a written agreement between the parties concerning the location and <br /> dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the <br /> Relocation Site. <br /> Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to <br /> the Premises herein shall be deemed to be references to the Relocation Site. <br /> LICENSOR and LICENSEE agree that the Relocation Premises (including the <br /> access and utility right of way)may be surveyed by a licensed surveyor at the sole <br /> cost of LICENSEE, and such survey will then replace Exhibit C and become a <br /> part hereof and will control or describe the Premises. Except as expressly <br /> provided, LICENSOR and LICENSEE hereby agree that in no event will the <br /> relocation of LICENSEE's Facilities, or any part thereof, under subsection A <br /> above, affect, alter, modify or otherwise change any of the terms and conditions of <br /> this Agreement. <br /> Page 16 of 67 <br />