Common use of Material Alterations Clause in Contracts

Material Alterations. Lessee must obtain Lessor’s prior written consent to material alteration, addition or replacements to the Premises, which consent Lessor may withhold in its reasonable discretion. Lessee must request Lessor’s consent by submitting a written request describing in reasonable detail the proposed material alteration, addition or payment (unless Lessee has elected to fund payment for processing applications as provided in Section 3(i) of this Agreement). Subject to the terms of the Ground Lease, an alteration, addition or replacement that is not a material alteration does not require Lessor’s consent, but Lessee must provide prior written notification of the non-material alteration, addition or replacement. A material alteration is any alteration, addition or replacement that increases the size, weight, wind or structural loading on the Tower or that takes up more space than the Premises described in the SA or CA. It may also be necessary for Lessee to obtain the Land Owner’s consent under the Ground Lease to any alterations, additions or replacements to the Premises, including non-material alterations, additions or replacements or any subsequent conversion from a Basic Configuration using tower top amplifiers to a Basic Configuration using tower mounted radios or vice versa. All alterations, additions or replacements remain subject to all other provisions of this Agreement, including use and interference. If required by Lessor, Lessee will submit architectural or engineering plans and specifications for material alterations to Lessor, which will be deemed approved if no response is received from Lessor within fifteen (15) days, and which will be incorporated in each SA or CA as Exhibit 3 upon approval. If any applicable governmental entity changes its assumptions or requirements relating to wind loading in a manner that reduces the maximum permissible wind loading on the Tower and the Tower will not accommodate the addition of any additional equipment or antennas, Lessee may not utilize any of Lessee’s previously unused capacity on the Tower.