Common use of Additional Facilities Clause in Contracts

Additional Facilities. If, after the installation of the Facilities, User, with the prior written approval of BellSouth as required by Section 10 hereof, modifies the Facilities by adding additional equipment to the Tower which materially increases the size or structural or windload on the Tower or is in a different location on the Tower than the Facilities such that additional rent is payable pursuant to Section 10(vi) hereof, BellSouth and User acknowledge that the rent for the Site shall be increased by an amount set forth in the Site Agreement for each piece of additional equipment. If the Site Agreement is silent on rent for additional equipment, BellSouth and User acknowledge that the rent for the Site shall be increased by a mutually agreed upon amount. In the event BellSouth and User cannot agree upon the increased rent, the increase in rent shall be the fair market rental value for the additional equipment placed on the Tower, which shall be determined by BellSouth and User each designating, within thirty (30) days of the dispute, an independent MAI appraiser with demonstrated experience appraising similar property and telecommunication uses and shall be the average of the two appraisals prepared by the appraisers. Each party shall pay the fees of its appraiser.

Appears in 2 contracts

Samples: Master Site Agreement (Tritel Finance Inc), Master Site Agreement (Tritel Finance Inc)

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Additional Facilities. If, after the installation of the --------------------- Facilities, User, with the the, prior written approval of BellSouth as required by Section 10 hereof, modifies the Facilities by adding additional equipment to the Tower which materially increases the size or structural or windload on the Tower or is in a different location on the Tower than the Facilities such that additional rent is payable pursuant to Section 10(vi10 (vi) hereof, BellSouth and User acknowledge that the rent for the Site shall be increased by an amount set forth in the Site Agreement for each piece of additional equipment. If the Site Agreement is silent on rent for additional equipment, BellSouth and User acknowledge that the rent for the Site shall be increased by a mutually agreed upon amount. In the event BellSouth and User cannot agree upon the increased rent, the increase in rent shall be the fair market rental value for the additional equipment placed on the Tower, which shall be determined by BellSouth and User each designating, within thirty five (305) days of the dispute, an independent MAI appraiser with demonstrated experience appraising similar property and telecommunication uses and shall be the average of the two appraisals prepared by the appraisers. Each party shall pay the fees of its appraiser.

Appears in 2 contracts

Samples: Master Site Agreement (Agw Leasing Co Inc), Master Site Agreement (Airgate Wireless Inc)

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Additional Facilities. If, after the installation of the Facilities, User, with the prior written approval of BellSouth as required by Section 10 hereof, modifies the Facilities by adding additional equipment to the Tower which materially increases the size or structural or windload on the Tower or is in a different location on the Tower than the Facilities such that additional rent is payable pursuant to Section 10(vi10 (vi) hereof, BellSouth and User acknowledge that the rent for the Site shall be increased by an amount set forth in the Site Agreement for each piece of additional equipment. If the Site Agreement is silent on rent for additional equipment, BellSouth and User acknowledge that the rent for the Site shall be increased by a mutually agreed upon amount. In the event BellSouth and User cannot agree upon the increased rent, the increase in rent shall be the fair market rental value for the additional equipment placed on the Tower, which shall be determined by BellSouth and User each designating, within thirty five (305) days of the dispute, an independent MAI NMI appraiser with demonstrated experience appraising similar property and telecommunication uses and shall be the average of the two appraisals prepared by the appraisers. Each party shall pay the fees of its appraiser.

Appears in 1 contract

Samples: Master Site Agreement (Triton Management Co Inc)

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