Common use of Network Facilities Clause in Contracts

Network Facilities. The Parties acknowledge that Licensee will be responsible for the purchase and ownership of (a) the towers, equipment shelters and cabinets located at each Licensee cell site within the BTAs (collectively, the "SITES"); (b) all of the base station equipment, antennas and ancillary site equipment located at the Sites; (c) all non-Site infrastructure equipment necessary for the operation of the Network, but excluding the equipment which is owned by Manager and which is covered by SECTION 3.2; and (d) all leasehold improvements, furniture, fixtures and equipment located at Licensee's retail stores (the "RETAIL STORES"). Manager shall negotiate, on Licensee's behalf, the purchase price and terms for the purchase of all of the foregoing assets and will engage third parties, on behalf of Licensee, to engineer and install such assets at the Sites or otherwise and to provide other construction services. The Services to be provided by Manager under this SECTION 3.1 shall be deemed to be Management Services for which Manager shall be entitled to the Management Fee as provided in SECTION 10. 1. Licensee shall be the lessee of, and shall be responsible for all lease payments under, the real property for each Site on which Licensee owns the tower and shall be the licensee of each Site where Licensee will collocate an antenna and other base station equipment on a tower and real property owned by a third party.

Network Facilities. The Parties acknowledge that Licensee will be responsible for the purchase and ownership of (a) the towers, equipment shelters and cabinets located at each Licensee cell site within the BTAs (collectively, the "SITES"); (b) all of the base station equipment, antennas antennas, and ancillary site equipment located at the Sites; (c) all non-Site infrastructure equipment necessary for the operation of the Network, but excluding the equipment which is owned by Manager and which is covered by SECTION 3.2; and (d) all leasehold improvements, furniture, fixtures fixtures, and equipment located at Licensee's retail stores (the "RETAIL STORES"). Manager shall negotiate, on Licensee's behalf, the purchase price and terms for the purchase of all of the foregoing assets and will engage third parties, on behalf of Licensee, to engineer and install such assets at the Sites or otherwise and to provide other construction services. The Services to be provided by Manager under this SECTION 3.1 shall be deemed to be Management Services for which Manager shall be entitled to the Management Fee as provided in SECTION 10. 1. Licensee shall be the lessee of, and shall be responsible for all lease payments under, the real property for each Site on which Licensee owns the tower and shall be the licensee of each Site where Licensee will collocate an antenna and other base station equipment on a tower and real property owned by a third party. Notwithstanding the foregoing, the Parties acknowledge that Licensee has entered into a transaction with Robe▇▇▇ ▇▇▇er Company and Robe▇▇▇ Communications Properties LLC whereby Licensee will transfer ownership of all or a part of its towers, switched facility locations, retail store sites, and certain switched equipment, and all or a part of its rights to the underlying real estate to such purchaser, who will in turn lease such assets to Licensee.

Network Facilities. The Parties acknowledge that Licensee will be responsible for the purchase and ownership of (a) the towers, equipment shelters and cabinets located at each Licensee cell site within the BTAs (collectively, the "SITES"); (b) all of the base station equipment, antennas antennas, and ancillary site equipment located at the Sites; (c) all non-Site infrastructure equipment necessary for the operation of the Network, but excluding the equipment which is owned by Manager and which is covered by SECTION 3.2; and (d) all leasehold improvements, furniture, fixtures fixtures, and equipment located at Licensee's retail stores (the "RETAIL STORES"). Manager shall negotiate, on Licensee's behalf, the purchase price and terms for the purchase of all of the foregoing assets and will engage third parties, on behalf of Licensee, to engineer and install such assets at the Sites or otherwise and to provide other construction services. The Services to be provided by Manager under this SECTION 3.1 shall be deemed to be Management Services for which Manager shall be entitled to the Management Fee as provided in SECTION 10. 1. Licensee shall be the lessee of, and shall be responsible for all lease payments under, the real property for each Site on which Licensee owns the tower and shall be the licensee of each Site where Licensee will collocate an antenna and other base station equipment on a tower and real property owned by a third party. Notwithstanding the foregoing, the Parties acknowledge that Licensee has entered into a transaction with ▇▇▇▇▇▇▇ Tower Company and ▇▇▇▇▇▇▇ Communications Properties LLC whereby Licensee will transfer ownership of all or a part of its towers, switched facility locations, retail store sites, and certain switched equipment, and all or a part of its rights to the underlying real estate to such purchaser, who will in turn lease such assets to Licensee.