Common use of Collocation Agreements Clause in Contracts

Collocation Agreements. (a) Without limiting the generality of Section 4, Lessee expressly acknowledges that, as to each Site, this Agreement is subject to all Collocation Agreements currently in effect with respect to such Site as are set forth in the Agreement to Lease and Sublease. In respect of each Master Lease Site, by execution of this Agreement as to the Initial Master Lease Sites and thereafter as of the Conversion Closing Date for each additional Master Lease Site, Lessor does transfer, assign and convey over unto Lessee, for the Term as to such Master Lease Site, all of its rights, title and interest in, to or under any Collocation Agreements affecting such Master Lease Site and shall execute documentation reasonably necessary to confirm same to a counterparty under a Collocation Agreement, within ten (10) Business Days of receipt of a request therefor by Lessee, provided, that Lessor and each Sprint Additional Party will not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership or trust. In respect of each Pre-Lease Site, Lessor and each Sprint Additional Party does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Lessee for the Term as to such Site for periods occurring from and after the Effective Date and shall execute documentation reasonably necessary to confirm same to a counterparty under a Collocation Agreement, within ten (10) Business Days of receipt of a request therefor by Lessee, provided, that Lessor and each Sprint Additional Party will not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership or trust. Lessee does hereby assume and agree to pay and perform all of the duties, obligations, liabilities and responsibilities of Lessor and all Sprint Additional Parties under the Collocation Agreements affecting each Site arising from and after the Effective Date, and Lessee will receive all rents payable under such Collocation Agreement for periods occurring from and after the Effective Date. Lessor, each Sprint Additional Party and Lessee acknowledge and agree that in connection with the transactions described in this Section 5(a), certain of the Collocation Agreements may be required to be bifurcated as provided in Section 6.11 of the Agreement to Lease and Sublease and shall be subject to further bifurcation as provided in Section 41(f). (b) Lessee will, and does hereby agree to, indemnify, defend and hold the Sprint Indemnitees harmless from, against and in respect of any and all Claims, paid, suffered, incurred or sustained by any Sprint Indemnitee and in any manner arising out of, by reason of, or in connection with any failure of the duties, obligations, liabilities and responsibilities of Lessor or the Sprint Additional Parties under any of the Collocation Agreements (solely in their role as "landlord" thereunder and not with respect to the use and operation of the Sprint Collocation Space or otherwise as the subtenant of a Site) affecting each Site and arising from and after the Effective Date, to be fully and completely performed pursuant to the Collocation Agreements; provided, however, that the foregoing indemnification shall not be deemed to abrogate or impair the operation or effect of any representations or warranties of the Sprint Additional Party made with respect to the Collocation Agreements in the Agreement to Lease and Sublease or be applicable to a matter that constitutes an Excluded Liability under, and as defined in, the Agreement to Lease and Sublease. (c) Sprint Collocator hereby agrees to indemnify, defend and hold the Lessee Indemnitees harmless from, against and in respect of any and all Claims, paid, suffered, incurred or sustained by any Lessee Indemnitee and in any manner arising out of, by reason of, or in connection with any failure of the duties, obligations, liabilities and responsibilities of Lessor or any Sprint Additional Party or any other Sprint Group Member under any of the Collocation Agreements affecting each Site and arising (i) prior to the date hereof, to be fully and completely performed pursuant to the Collocation Agreements, (ii) during the Term of this Agreement and is related to an action or failure to act by the Sprint Additional Parties or any of their respective Affiliates required under this Agreement, or (iii) following the expiration of the Term as to any Site to which any such Collocation Agreement applies from and after the date that any such Collocation Agreement is reassigned or deemed reassigned to Lessor or its designee as provided in Section 5(d). (d) Unless Lessee exercises the purchase option with respect to a Site under Section 36 of this Agreement, the assignment by Lessor to Lessee of the Collocation Agreements in respect of each Site will automatically terminate and expire and such Collocation Agreements will automatically be (or be deemed) reassigned or assigned, as the case may be, to Lessor or its designee, and Lessor or its designee will accept such reassignment or assignment, as the case may be, upon the expiration of the Term of, or earlier termination of, this Agreement in respect of such Site.

Collocation Agreements. (a) Without limiting the generality of Section 4, Lessee expressly acknowledges that, as to each Site, this Agreement is subject to all Collocation Agreements currently in effect with respect to such Site as are set forth in the Agreement to Lease and Sublease. In respect of each Master Lease Site, by execution of this Agreement as to the Initial Master Lease Sites and thereafter as of the Conversion Closing Date for each additional Master Lease Site, Lessor does transfer, assign and convey over unto Lessee, for the Term as to such Master Lease Site, all of its rights, title and interest in, to or under any Collocation Agreements affecting such Master Lease Site and shall execute documentation reasonably necessary to confirm same to a counterparty under a Collocation Agreement, within ten (10) Business Days of receipt of a request therefor by Lessee, provided, that Lessor and each Sprint Additional Party will not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership or trustSite. In respect of each Pre-Lease Site, Lessor and each Sprint Additional Party Contributor does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Lessee for the Term as to such Site for periods occurring from and after the Effective Date and shall execute documentation reasonably necessary to confirm same to a counterparty under a Collocation Agreement, within ten (10) Business Days of receipt of a request therefor by Lessee, provided, that Lessor and each Sprint Additional Party will not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership or trustDate. Lessee does hereby assume and agree to pay and perform all of the duties, obligations, liabilities and responsibilities of Lessor and all Sprint Additional Parties Contributors under the Collocation Agreements affecting each Site arising from and after the Effective Date, and Lessee will receive all rents payable under such Collocation Agreement for periods occurring from and after the Effective Date. Lessor, each Sprint Additional Party Contributor and Lessee acknowledge and agree that in connection with the transactions described in this Section 5(a), certain of the Collocation Agreements may be required to be bifurcated as provided in Section 6.11 of the Agreement to Lease and Sublease and shall be subject to further bifurcation as provided in Section 41(f). (b) Lessee will, and does hereby agree to, indemnify, defend and hold the Sprint Indemnitees harmless from, against and in respect of any and all Claims, paid, suffered, incurred or sustained by any Sprint Indemnitee and in any manner arising out of, by reason of, or in connection with any failure of the duties, obligations, liabilities and responsibilities of Lessor or the Sprint Additional Parties Contributors under any of the Collocation Agreements (solely in their role as "landlord" thereunder and not with respect to the use and operation of the Sprint Collocation Space or otherwise as the subtenant of a Site) affecting each Site and arising from and after the Effective Date, to be fully and completely performed pursuant to the Collocation Agreements; provided, however, that the foregoing indemnification shall not be deemed to abrogate or impair the operation or effect of any representations or warranties of the Sprint Additional Party Contributor made with respect to the Collocation Agreements in the Agreement to Lease and Sublease or be applicable to a matter that constitutes an Excluded Liability under, and as defined in, the Agreement to Lease and Sublease. (c) The Sprint Collocator Collocators hereby agrees agree to indemnify, defend and hold the Lessee Indemnitees harmless from, against and in respect of any and all Claims, paid, suffered, incurred or sustained by any Lessee Indemnitee and in any manner arising out of, by reason of, or in connection with any failure of the duties, obligations, liabilities and responsibilities of Lessor or any Sprint Additional Party or any other Sprint Group Member Contributor under any of the Collocation Agreements affecting each Site and arising (i) prior to the date hereof, to be fully and completely performed pursuant to the Collocation Agreements, (ii) during the Term of this Agreement and is related to an action or failure to act by the Sprint Additional Parties Contributors or any of their respective Affiliates required under this Agreement, or (iii) following the expiration of the Term as to any Site to which any such Collocation Agreement applies from and after the date that any such Collocation Agreement is reassigned or deemed reassigned to Lessor or its designee as provided in Section 5(d). (d) Unless Lessee exercises the purchase option with respect to a Site under Section 36 of this Agreement, the assignment by Lessor to Lessee of the Collocation Agreements in respect of each Site will automatically terminate and expire and such Collocation Agreements will automatically be (or be deemed) reassigned or assigned, as the case may be, to Lessor or its designee, and Lessor or its designee will accept such reassignment or assignment, as the case may be, upon the expiration of the Term of, or earlier termination of, this Agreement in respect of such Site.