Spectrum Usage Rights. Subject to the terms and conditions set forth herein, Lessor hereby grants Lessee exclusive rights (i) to use the Leased Spectrum and (ii) to use and exploit all of Lessor’s rights with respect to the Patent Applications granted to Lessor pursuant to the Patent License Agreement or otherwise, throughout the Term (the “Spectrum Usage Rights”).
Spectrum Usage Rights. Subject to the terms and conditions set forth in this Lease, Licensee hereby grants Lessee exclusive rights to use the Leased Spectrum throughout the Term (as hereafter defined) (the “Spectrum Usage Rights”).
Spectrum Usage Rights. Subject to the terms and conditions hereof, and subject to the FCC consent to the leasing arrangement created hereby, Lessor hereby grants to the Lessee designated in the second column of Exhibit A the exclusive right to use the applicable portion of the Leased Spectrum throughout the applicable Term (as defined below) (collectively, the “Spectrum Usage Rights”). The Spectrum Usage Rights granted hereunder are intended to and do convey de facto control over the Leased Spectrum to Lessees, and the right to take all actions that each Lessee deems necessary or desirable in the operation of its business during the Term. The Parties intend this Lease Agreement to create a short-term de facto transfer leasing arrangement within the meaning of Section 1.9035 of the FCC’s Rules (47 C.F.R. § 1.9035). The spectrum leasing arrangement created hereby is not an assignment, sale, or transfer of the FCC Licenses. Neither Lessee shall hold itself out to the public as the holder of the FCC Licenses and shall not hold itself out as an FCC licensee by virtue of its having entered into the spectrum leasing arrangement created hereby.
Spectrum Usage Rights. Subject to the terms and conditions set forth herein (including, without limitation, the condition precedent of FCC approval as set forth in Section 9 below), Lessor hereby grants to Lessee the right to use the GSAT Spectrum (the “Leased Spectrum”), beginning on the Lease Commencement Date (as defined below) and until the expiration or termination of this Lease Agreement (the “Spectrum Usage Rights”) to provide the ORC Services within the geographic boundaries set forth on Exhibit B hereto (the “Initial Markets”), and within the Deferred Pop Markets (as defined below) and all other geographic boundaries that are granted to Lessee pursuant to the Options (as defined below) when such grants are effective hereunder. The Parties acknowledge that the Initial Markets include 6,000,000 Pops, with “Pops” being defined as the population of a “Place,” as used for the reporting of decennial census data, including census designated places, consolidated cities and incorporated places, based on 2000 Census Data and extrapolated to 2006 using county growth rate demographic information as provided by Claritas and included in Exhibit C hereto. At any time prior to the beginning of its build-out in a particular Initial Market, Lessee may with prior notice to Lessor substitute, in place of such Initial Market, one or more alternative geographic markets within the United States and outside the [*] containing an equivalent number of Pops to the Initial Market so replaced (“Substituted Markets”), and upon such notice Exhibit B shall be deemed amended to replace such Initial Market with the Substituted Markets; provided, however, that in no case will the Initial Markets include in excess of [*] Pops.
Spectrum Usage Rights. Subject to the terms and conditions set forth herein, including Schedule II, Lessor hereby grants Lessee non-exclusive rights to use the Leased Spectrum throughout the Term (the “Spectrum Usage Rights”).
