Common use of Equipment Modifications Clause in Contracts

Equipment Modifications. ‌ If, after the initial construction, installation or other work is completed, Licensee proposes to modify existing Equipment or install new equipment on the existing License Area, then the following process and standards shall apply. (a) Routine Maintenance/Repair & “Like for Like” Replacement. Without the requirement of obtaining the City’s prior consent, Licensee shall have the right to (a) perform routine maintenance and repair of any Equipment installed on a Vertical Infrastructure approved for use by the City pursuant to this License, and (b) perform “like- for-like” replacements of Equipment so long as (i) any such “like-for-like” replacement does not alter the visible aesthetic appearance of the installed Equipment, and (ii) the resulting installation does not (A) result in an increase in the size of the License Area, (B) materially increase the weight, size or structural loading of Licensee’s Equipment or on the applicable Vertical Infrastructure beyond the loading or utilization, if any, that was established as of the Effective Date of this License or any subsequent City approval of Licensee’s Equipment for which City’s prior written consent was required, as the case may be; (c) does not change the status of Licensee’s compliance with radio frequenc y emission standards under applicable Laws and (d) and does not cause any interferenc e with any municipal functions or equipment.

Equipment Modifications. ‌ If, after the initial construction, installation or other work is completed, Licensee proposes to modify existing Equipment or install new equipment on the existing License Area, then the following process and standards shall apply. (a) Routine Maintenance/Repair & “Like for Like” Replacement. Without the requirement of obtaining the City’s prior consent, Licensee shall have the right to (a) perform routine maintenance and repair of any Equipment installed on a Vertical Infrastructure approved for use by the City pursuant to this License, and (b) perform “like- for-like” replacements of Equipment so long as (i) any such “like-for-like” replacement does not alter the visible aesthetic appearance of the installed Equipment, and (ii) the resulting installation does not (A) result in an increase in the size of the License Area, (B) materially increase the weight, size or structural loading of Licensee’s Equipment or on the applicable Vertical Infrastructure beyond the loading or utilization, if any, that was established as of the Effective Date of this License or any subsequent City approval of Licensee’s Equipment for which City’s prior written consent was required, as the case may be; (c) does not change the status of Licensee’s compliance with radio frequenc y frequency emission standards under applicable Laws and (d) and does not cause any interferenc e interference with any municipal functions or equipment.