Common use of Candidate Identification Clause in Contracts

Candidate Identification. In the course of performing Site Acquisition Services, Contractor shall, as an initial matter, identify three candidates for Normal-Area Sites, up to two candidates for Medium-Area Sites and one candidate for Wide-Area Sites (as those sites are defined in Exhibit C) (provided that Contractor may use only one candidate Site when it meets Owner's requirements from the outset) within each Search Ring identified in the Preliminary City Network Design. For each Search Ring, Contractor shall identify and evaluate candidate Sites as Primary Sites and secondary candidate Sites based on the following criteria: (i) compliance with the Site Lease Agreement Term Sheet provided by Owner to Contractor by letter dated June 11, 1999; (ii) availability of zoning; (iii) site constructability (including preliminary structural, environmental suitability and accessibility to power and grounding); and (iv) ability to minimize the need to perform RF interference analysis. For each Primary Site evaluated and identified, the deliverable shall be a completed copy of Contractor's standard Candidate Site Ranking Form and Site Survey Form. For alternate candidate Sites evaluated and identified, Contractor shall provide Owner a completed copy of Contractor's standard Candidate Site Ranking Form and Site Survey Form, but only to the extent completed by Contractor In the event Contractor is unable to identify a Primary Site from the candidate Sites initially identified pursuant to this paragraph and/or the Work required to complete a Primary Site identified from such candidate Sites cannot be completed, Contractor will notify Owner and the Parties will review the situation and, upon Contractor's recommendation and Owner's written concurrence, Contractor shall either continue efforts to identify a Primary Site within the Search Ring or disqualify the Search Ring and redesign and reissue the Search Ring.

Appears in 4 contracts

Samples: Contract for Engineering and Construction (LCC International Inc), Xm Satellite Radio Holdings Inc, Xm Satellite Radio Holdings Inc

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