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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: DEFINITIONS: "Anniversary Date" means the annual recurrence of the date first set forth above. "Antenna" means an installation of an array of up to 12 antennas to receive, amplify and/or transmit radio signals for wireless communications. "Lease Year" means 365 consecutive calendar days (except for Leap Year) commencing on the Commencement Date and upon each subsequent Anniversary Date. 1. PREMISES. Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental and upon all of the conditions set forth herein, a portion of that certain real property referred to herein as the Site, consisting of approximately 196 square feet (the "Leased Premises") described and depicted on Exhibit "B," attached hereto and incorporated by this reference, within which Lessee desires to construct and maintain improvements and equipment, as described on Exhibit "C," attached hereto and incorporated by this reference. Lessor and Lessee hereby agree that the Leased Premises including any Access Areas (defined below) may be surveyed by a licensed surveyor at the sole cost of Lessee, and such survey shall then supplement Exhibit "B," and become a part hereof and shall control to describe the Leased Premises and Access Areas in the event of any discrepancy between such survey and the description of the boundary of the Leased Premises contained herein. 2. TERM; OPTION. (a) The tenns of this Lease (the "Term") shall be Five (5) years commencing on January 15,2009 (the "Commencement Date") and terminating on the fifth anniversary of the Commencement Date, unless earlier terminated as provided in this Lease; (b) Lessee is granted two (2) consecutive five (5) year renewal ATTYJAGRJ2008.Q44 Lease Agreement T-Mobile J21908 2