Common use of COMMON EXPENSES Clause in Contracts

COMMON EXPENSES. Licensee shall reimburse Licensor for Licensee’s pro-rata share of all common expenses (the “Common Expenses”) incurred by Licensor in the installation, operation, maintenance and repair of the Tower Facility, including, but not limited to, the construction, maintenance and repair of a common septic system and field, insurance, common utilities and any and all other costs of operating and maintaining the Tower Facility. Notwithstanding the foregoing, the cost and expenses associated with any Damage which is directly attributable to the acts or omissions of Licensee or Licensee’s contractors shall be borne solely by Licensee. Licensee shall not be required to pay any share of costs or expenses incurred to replace the Tower. In the event that Licensee also licenses space within a building or shelter owned by Licensor on the Tower Facility, Licensee shall also reimburse Licensor for its pro-rata share of all Common Expenses incurred for the operation, maintenance, repair and replacement associated with such building or shelter, including, without limitation, the physical structure of the building, HVAC system, and common utility expenses. In the event that Licensee is connected to a generator or back-up power supply owned by Licensor, Licensee shall also reimburse Licensor for its pro-rata share of all expenses incurred for the operation, maintenance, repair and replacement associated with such generator, including, without limitation, fuel expenses. For the purposes of this Section, a “pro-rata share” of costs and expenses shall be determined based on the number of licensees using the Tower Facility (or with respect to a shared shelter or building, the number of licensees using Licensor’s shelter or building) on the first day of the month in which an invoice is mailed to Licensee. Licensee shall reimburse Licensor for Common Expenses within thirty (30) days following receipt of an invoice from Licensor.

COMMON EXPENSES. Licensee shall reimburse Licensor for Licensee’s pro's Pro-rata share Rata Share of all common costs and expenses (the “Common Expenses”) incurred Incurred by Licensor in for the installation, operationrepair, maintenance and repair replacement of access roads. For the purposes of the Tower Facilityforegoing sentence, including, but not limited to, a "Pro Rata Share" of costs and expenses shall be determined based on the construction, maintenance and repair number of a common septic system and field, insurance, common utilities and any and all other costs of operating and maintaining licensees using the Tower Facility. Notwithstanding the foregoingIn no event, the cost and expenses associated with any Damage which is directly attributable to the acts or omissions of however, shall Licensee or Licensee’s contractors shall be borne solely by Licensee. Licensee shall not be required to pay any expenses or any pro-rata share of costs or expenses incurred by Licensor to replace the Towertower structure. Licensee shall also be responsible for its Pro-Rata Share of all expenses associated with the repair, maintenance, replacement and fueling of any generator owned by Licensor (or the lessor under the Ground Lease) that is located at the Tower Facility and utilized by Licensee in connection with its Equipment or with respect to Licensor's general operation of the Tower Facility (excluding any buildings which are not utilized by Licensee). For the purposes of the foregoing sentence, a "Pro-Rata Share" of costs and expenses shall be determined based on the number of licensees using the generator at the Tower Facility. In the event that Licensee also licenses space within a building or shelter owned by the Licensor on at the Tower Facility, Licensee shall also reimburse Licensor for its Its pro-rata share (based on the amount of square footage licensed by Licensee in the applicable building or shelter) of all Common Expenses common expenses incurred for the operation, maintenance, repair and replacement associated with such building or shelter, including, without limitation, the physical structure of the buildingbuilding (including the roof), HVAC system, backup generator (if any and including fuel expenses) and common utility expenses. In the event that Licensee is connected to a generator or back-up power supply owned by Licensor, Licensee shall also reimburse Licensor for its pro-rata share of all expenses incurred for the operation, maintenance, repair and replacement associated with such generator, including, without limitation, fuel expenses. For the purposes of this Section, a “pro-rata share” of costs and expenses shall be determined based on the number of licensees using the Tower Facility (or with respect to a shared shelter or building, the number of licensees using Licensor’s shelter or building) on the first day of the month in which an invoice is mailed to Licensee. Licensee shall reimburse Licensor for Common Expenses within thirty (30) days following receipt of an invoice from Licensor.