Tower Analysis Clause Samples
The Tower Analysis clause defines the process and requirements for evaluating the structural integrity and suitability of a tower, typically in the context of telecommunications or construction projects. This clause outlines the standards, methods, and documentation necessary for conducting the analysis, such as load calculations, safety assessments, and compliance with regulatory codes. Its core practical function is to ensure that the tower can safely support the intended equipment or modifications, thereby mitigating risks related to structural failure and ensuring regulatory compliance.
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Tower Analysis. User shall submit to BellSouth a completed Tower analysis, prepared by licensed structural engineer approved by BellSouth (a) describing any and all installations, modifications, or relocations, as the case may be, of the Facilities on the Tower, (b) including information demonstrating continued compliance with the Tower manufacturer's warranty requirements, if delivered to User, current EIA/TIA standards, other legal requirements for the Tower, and any other information reasonably requested by BellSouth and (c) demonstrating that the installation, modification, or relocation, as the case may be, does not exceed the load capacity of the Tower. The Tower analysis shall be based on all Facilities listed on Exhibit "C" regardless of whether User does not intend to initially install all Tower Facilities. If the Tower is a monopole, User, at User's cost, shall be responsible for the installation of any platforms and cutting of portals requited to install User's Tower Facilities; provided, however, User shall not cut any portal in the Tower if the cutting of such portal would adversely affect the manufacturer's warranty on the Tower, if any, or the integrity of the Tower. If the Tower is structurally inadequate to accommodate User's proposed installation, modification or relocation, User, subject to BellSouth's consent, which consent shall not be unreasonably withheld or delayed, shall have the right to structurally enhance the Tower to accommodate User's proposed installation, modification or relocation of User's Tower Facilities, provided User complies with the following additional requirements:
Tower Analysis. Prior to any work on or attachment to -------------- the Tower, Lessee shall submit to Lessor a completed Tower analysis prepared by the Tower manufacturer or other firm approved by Lessor:
(i) taking into account all of Lessee's Facilities identified in the applicable Addendum, whether or not all such Facilities will be installed initially, and
(ii) describing all installations, modifications, replacements or relocations of all antennas, dishes, cables or other equipment on the Tower. Upon Lessee's request, Lessor shall provide information to Lessee regarding current and proposed attachments on the Tower;
(iii) including information demonstrating continued compliance with the Tower manufacturer's warranty requirements, current EIA/TIA standards, other legal requirements for the Tower, and any other information reasonably requested by Lessor; and
(iv) certifying the proposed installation, modification, or relocation will not exceed the load capacity of the Tower.
Tower Analysis. Landlord agrees to furnish Tenant, promptly on Tenant's request, with true copies of all tower analyses performed on the Tower within the two (2) years preceding Tenant's possession of space on the Tower. In the absence of said Tower analyses or if the most recent analyses are insufficient for Tenant's needs, Landlord, at Tenant's request, agrees to cooperate with Tenant in acquiring new analyses of the Tower. If Tenant requests any new analyses of the Tower, Tenant shall be responsible for coordinating the said new analyses, and the cost of the new analyses shall be paid solely by Tenant. Notwithstanding the foregoing, in the event Tenant determines after reviewing any Tower analyses that the Tower is not structurally appropriate for Tenant's needs, Tenant may, at Tenant's option, either terminate this Lease or with the written consent of the Landlord pay the additional cost of reinforcing or otherwise making the Tower structurally appropriate for Tenant's use, provided all local, State, and Federal laws, rules, and regulations are adhered to at Tenant's expense in the construction process.
Tower Analysis. Operator shall be solely responsible to ensure that Operator’s installation of the Equipment shall not significantly affect the structural integrity of the Tower, and that no such damage results to the Tower due to installation of the Equipment. Owner agrees to furnish Operator, promptly upon Operator’s request, with true and accurate copies of all tower analyses, if any, performed on the Tower by Owner within the two years preceding the request and Operator’s attachment of antennas or Equipment on the Tower. In the absence of such an analysis or if the most recent analyses are insufficient for Operator’s needs, Operator may request a new analysis. If Owner reasonably believes that the structural integrity of the Tower will be effected by the installation of Operator’s Equipment, Owner may request Operator obtain a new analysis. Owner agrees to cooperate with Operator in acquiring the new analysis of the Tower. If a new analysis of the Tower is requested by Operator or Owner, Operator shall be responsible for coordinating that new analysis by a licensed structural engineer or other party acceptable to Owner, and Operator shall furnish a copy of the analysis to Owner. The costs of the new analysis shall be paid solely by Operator. If Operator requests, Owner shall submit, within 10 days of Operator’s request, bids for any needed reinforcement or other work to make the Tower structurally sound. Should Operator not terminate this Agreement under Section 6 Tower Maintenance above, Owner shall reinforce or otherwise make the Tower structurally sound for Operator’s use in accordance with such a submitted bid, at Owner’s sole costs.