Common use of FAA Compliance Clause in Contracts

FAA Compliance. (a) Prior to construction of all Towers, (i) the Federal Aviation Administration ("FAA") issued a Determination of No Hazard to Air Navigation ("FAA Tower Clearance"), a true and correct copy of which has been delivered to Buyer or made available for inspection by Buyer prior to the date hereof; and (ii) the Antenna Survey Branch of the Federal Communications Commission ("FCC") issued a clearance (the "FCC Tower Clearance"), a true and correct copy of which has been provided to Buyer or made available for inspection by Buyer prior to the date hereof. (b) The FAA Tower Clearance and the FCC Tower Clearance are valid, in good standing, and in full force and effect, and constitutes (i) all Permits required by the federal Communications Act of 1934, as amended, and all rules and regulations promulgated thereunder (the "Communications Act"), for the construction and operation of the Tower and (ii) all of the Permits issued by the FCC and FAA to Seller for or in connection with the Tower. (c) The Towers were constructed in full compliance with all applicable municipal, state and federal laws, rules and regulations, including, without limitation, the Communications Act, and all FAA's rules and regulations. The Towers have at all times operated in full compliance with all applicable municipal, state and federal laws, rules and regulations, including, without limitation, the Communications Act, and the FAA's rules and regulations. (d) Seller has no outstanding requests for information from either the FAA or FCC. Seller has responded fully and timely to each past inquiry or request for information from the FAA or the FCC. Seller has no Knowledge of any condition imposed by the FCC or the FAA on the Towers which is not (i) set forth on the face of the FAA Tower Clearance or the FCC Tower Clearance as issued by the FAA or FCC or (ii) applicable to communications towers generally. Each Tower currently is and at all relevant times has been painted and lighted in accordance with all FAA and FCC rules, regulations and policies, and all relevant permits and clearances issued by the FAA or the FCC. Each Tower is not now and never has been operating under a Notice of Extinguishment or Improper Functioning of Lights, as specified in the FCC's rules.