Common use of Modification Application Clause in Contracts

Modification Application. Within five (5) working days of the execution of this Agreement by both parties, lessor shall file with the FCC an application for modification of the license in substantially the form of Exhibit A hereto ("Modification Application") to secure a license for an H Group station identical in all material respects to the other stations lessee intends to employ in Burlington ("Modified Station"). The parties recognize that the FCC may deny the Modification application. In such event, lessee shall utilize its best efforts to redesign its system to accommodate its requirements and those of the FCC, shall supply the documentation necessary for lessor to further modify his authorization and lessor shall properly submit a second Modification Application. In the event such second Modification Application is granted, the station proposed therein shall become the Modified Station for purposes of this Agreement. If lessee is unable to redesign its wireless cable system to meet its requirements and those of the FCC, it shall so notify lessor, at which this time this Agreement shall terminate pursuant to Section VIII.A. In the event that the time allowed by the FCC for construction of the modified station is not reasonably sufficient to complete construction as provided for in Section IV-A hereof, Lessor and Lessee shall cooperate in seeking extension of such time and/or special temporary authority (STA) as may be appropriate in the circumstances.