Common use of Premises and Use Clause in Contracts

Premises and Use. WLIB Tower LLC, an Indiana limited liability company (“Owner”), hereby licenses to Mediaco Holdings Inc., an Indiana corporation (“Licensee”), the site described below: antenna space on the tower (the “Tower”); ground space for placement of Pad or Shelter (“Shelter”) for Licensee’s transmission equipment or space in the existing equipment building; space for Licensee’s genset and related fuel tank, equipment, and cabling; and space required for Licensee’s cable ladders, cable runs, and cable bridges to connect telecommunications equipment and antennas, in the location at which such equipment is currently installed as further shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the source of electric and telephone facilities, in all cases consistent with past practices (collectively, the “Site”). The Site will be used by Licensee for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, a telecommunications service system facility consisting of the antenna(s) and related equipment set forth on Exhibit B (the “Equipment”). Licensee will use commercially reasonable efforts to use the Site in a manner which will not unreasonably disturb the occupancy of Owner; provided however, that Licensee’s equipment was installed at the Site prior to any other existing Licensee’s or licensee’s equipment and shall be considered “first in time” and Licensee’s right to use the Site in accordance with past practice in all material respects shall be superior to the right to use the Site of every other current and future user of the Site. Owner, at Owner’s sole cost and expense, shall maintain and repair (and if necessary, replace) the Tower, the equipment building, and all improvements thereon in good order and repair sufficient for the operation of the Tower and the use of the Site by Licensee consistent with past practice, and in compliance with all laws, codes, regulations, and orders, including without limitation all FAA and FCC rules and regulations. Owner shall maintain all required records and shall file any required notification concerning any failure of, repairs to, and correction of the Tower in compliance with the rules and regulations of the FAA, the FCC, and all other applicable governmental authorities. Owner shall maintain access to and the appearance of the Site, including the access road, weeding and mowing, and similar.

Appears in 2 contracts

Samples: Antenna Site Agreement (Emmis Communications Corp), Mediaco Holding Inc.

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Premises and Use. WLIB Tower LLC, an Indiana limited liability company Landlord owns the real property described on Exhibit A attached (“OwnerLandlord’s Property”). Subject to the provisions of Section 2 below regarding the Due Diligence Period, hereby licenses Landlord leases to Mediaco Holdings Inc., an Indiana corporation (“Licensee”), Tenant the site (consisting of a portion of Landlord’s Property) described below: Raw land Sites Land consisting of approximately 240 square feet for construction of ground equipment and antenna space on the tower (the “Tower”support structure(s); ground as well as such additional space in risers, conduits and other spaces as Tenant may determine is required for cable runs to connect its equipment and antennas or to bring utilities from Landlord’s telco, power and/or any other utility sources, and together with all necessary non-exclusive easements for vehicular and pedestrian access thereto, for placement of Pad or Shelter (“Shelter”) for Licensee’s transmission equipment or space in the existing equipment building; space for Licensee’s genset and related fuel tank, equipmenta grounding system, and cabling; for access to the appropriate source of electric, telephone, fiber optic and space required for Licensee’s cable ladders, cable runs, and cable bridges to connect telecommunications equipment and antennasother utilities, in the location at which such equipment is currently installed as further shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the source discretion of electric and telephone facilities, in all cases consistent with past practices Tenant (collectively, the “Site”), which may generally be depicted on Exhibit B and B-1. In the event that Tenant’s equipment or facilities are located in or on a building, the Site shall include but not be limited to such additional space in the building’s equipment room(s) or other spaces used for the installation and operation of telecommunications, utility and electronic systems as Tenant may determine are necessary or appropriate for use in Tenant’s communications system. The Site will may be used by Licensee Tenant for the purpose of installing, removing, upgrading, replacing, modifying, maintaining and operating, at its expense, a telecommunications communications service system facility consisting of the antenna(s) facilities, including, without limitation, antennas, remote radio units, radios, transmitters, combiners, filters microwave dishes. microwave radios (ODU), and such other communications equipment and facilities as Tenant may from time to time deem advisable, air conditioned equipment shelters and/or base station equipment, cable, wiring, power sources (including permanent generators and fuel storage tanks), related equipment set forth on Exhibit B and structures and, if applicable to the Site, an antenna support structure (the “EquipmentFacilities”). Licensee All of the Facilities will use commercially reasonable efforts remain Tenant’s personal property and are not fixtures. Any visual or textual representation of the Facilities on Exhibit B-1 is illustrative only and does not limit the rights of Tenant as provided for in this Agreement. Tenant will have unrestricted access to use the Site in a manner which will not unreasonably disturb and the occupancy of Owner; provided howeverFacilities 24 hours per day, that Licensee’s equipment was installed at the Site prior to any other existing Licensee’s or licensee’s equipment and shall be considered “first in time” and Licensee’s right to use the Site in accordance with past practice in all material respects shall be superior to the right to use the Site of every other current and future user of the Site. Owner7 days per week, at Owner’s sole no additional cost and expense, shall maintain and repair (and if necessary, replace) the Tower, the equipment building, and all improvements thereon in good order and repair sufficient for the operation of the Tower and the use of the Site by Licensee consistent with past practice, and in compliance with all laws, codes, regulations, and orders, including without limitation all FAA and FCC rules and regulations. Owner shall maintain all required records and shall file any required notification concerning any failure of, repairs to, and correction of the Tower in compliance with the rules and regulations of the FAA, the FCC, and all other applicable governmental authorities. Owner shall maintain access or expense to and the appearance of the Site, including the access road, weeding and mowing, and similarTenant.

Appears in 1 contract

Samples: Site Agreement

Premises and Use. WLIB Tower SBA Properties, Inc., a Florida corporation ("Owner") leases to Louisiana Unwired, LLC, an Indiana a Louisiana limited liability company (“Owner”), hereby licenses to Mediaco Holdings Inc., an Indiana corporation (“Licensee”"Tenant"), the site described below: Tower antenna space on the tower (the “Tower”)space; ground Ground space for placement of Pad or Shelter ("Shelter") for Licensee’s transmission Tenant's base station equipment or space in the existing equipment building; space for Licensee’s genset and related fuel tank, equipment, and cablingconsisting of approximately _______________ square feet; and space required for Licensee’s Tenant's cable ladders, cable runs, runs and cable bridges to connect telecommunications equipment and antennas, in the location at which such equipment is currently installed as further shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the appropriate, in the discretion of Tenant, source of electric and telephone facilities, in all cases consistent with past practices (collectively, the "Site"). The Site will be used by Licensee Tenant for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, a telecommunications service system facility consisting of the antenna(s) and related equipment set forth on Exhibit B (the "Equipment"). Licensee If Tenant desires to place equipment on the Site in addition to that listed on Exhibit B, Owner and Tenant will use commercially reasonable efforts in good faith negotiate (with both Tenant and Owner allowed to consider and take into consideration all factors and events known to them at the time of such negotiations) the placement of the additional equipment and the associated increased rent. In the event Owner and Tenant reach agreement on the additional equipment and associated increase in rent, all other provisions of this Agreement shall remain in full force and effect as to such new equipment and existing equipment. The placement of substitution equipment in accordance with Section 9 shall not constitute additional equipment unless the same shall utilize additional space or capacity. Tenant will use the Site in a manner which will not unreasonably disturb the occupancy of Owner; provided however's other tenants, that Licensee’s equipment was installed at the Site prior and Owner shall use its best efforts to any prohibit other existing Licensee’s or licensee’s equipment and shall be considered “first in time” and Licensee’s right to use users from using the Site in accordance with past practice in all material respects shall be superior to the right to use the Site of every other current and future user of the Sitea manner that unreasonably disturbs Tenant. Owner, at Owner’s sole cost and expense, shall maintain and repair (and if necessary, replace) the Tower, the equipment building, and all improvements thereon in good order and repair sufficient for the operation of the Tower and the use of the Site by Licensee consistent with past practice, and in compliance with all laws, codes, regulations, and orders, including without limitation all FAA and FCC rules and regulations. Owner shall maintain all required records and shall file any required notification concerning any failure of, repairs to, and correction of the Tower in compliance with the rules and regulations of the FAA, the FCC, and all other applicable governmental authorities. Owner shall maintain access to and the appearance of the Site, including the access road, weeding and mowing, and similar.[RIGHT OF FIRST REFUSAL AND OPTION LANGUAGE FROM PURCHASE AND SALE AGREEMENT TO BE INSERTED HERE FOR THE APPLICABLE TOWERS]

Appears in 1 contract

Samples: Asset Purchase Agreement (Louisiana Unwired LLC)

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Premises and Use. WLIB Tower LLC, an Indiana limited liability company (“Owner”), hereby licenses to Mediaco Holdings MediaCo Holding Inc., an Indiana corporation (“Licensee”), the site described below: antenna space on the tower (the “Tower”); ground space for placement of Pad or Shelter (“Shelter”) for Licensee’s transmission equipment or space in the existing equipment building; space for Licensee’s genset and related fuel tank, equipment, and cabling; and space required for Licensee’s cable ladders, cable runs, and cable bridges to connect telecommunications equipment and antennas, in the location at which such equipment is currently installed as further shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the source of electric and telephone facilities, in all cases consistent with past practices (collectively, the “Site”). The Site will be used by Licensee for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, a telecommunications service system facility consisting of the antenna(s) and related equipment set forth on Exhibit B (the “Equipment”). Licensee will use commercially reasonable efforts to use the Site in a manner which will not unreasonably disturb the occupancy of Owner; provided however, that Licensee’s equipment was installed at the Site prior to any other existing Licensee’s or licensee’s equipment and shall be considered “first in time” and Licensee’s right to use the Site in accordance with past practice in all material respects shall be superior to the right to use the Site of every other current and future user of the Site. Owner, at Owner’s sole cost and expense, shall maintain and repair (and if necessary, replace) the Tower, the equipment building, and all improvements thereon in good order and repair sufficient for the operation of the Tower and the use of the Site by Licensee consistent with past practice, and in compliance with all laws, codes, regulations, and orders, including without limitation all FAA and FCC rules and regulations. Owner shall maintain all required records and shall file any required notification concerning any failure of, repairs to, and correction of the Tower in compliance with the rules and regulations of the FAA, the FCC, and all other applicable governmental authorities. Owner shall maintain access to and the appearance of the Site, including the access road, weeding and mowing, and similar.

Appears in 1 contract

Samples: Mediaco Holding Inc.

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