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G. I B-A 3. Consideration. In consideration of City granting this License, Licensee shall pay City an amount equal to the corresponding GROSS set forth in Exhibit B (which is incorporated herein by reference) with respect to each phone operated by Licensee on the Property. Consideration will be paid from the GROSS received by Licensee within thirty days after the end of es ;h of Licensee's standard commission cycles. "GROSS" means gross coin revenues and gross commission revenue received by Licensee from the primary presubscribed local and /or long- distance operator service provider for calling card and collect calls and dial around compensation during each calendar month. 4. Independent Contractor. Licensee will perform under this License as an independent contractor and in pursuit of Licensee's independent calling, and not as an employee of City. The persons used by Licensee to provide services under this Agreement will not be considered employees of City for any purposes. 5. Installation of the EauiDment. Licensee shall install Equipment within ninety (90) days after the date first written above. All Equipment installed pursuant to this License will be at Licensee's sole expense and Licensee will be responsible for the use, care and maintenance of the Equipment. 6. Citv Obliaations. City shall (a) not directly or indirectly tamper with or cause the removal of any of the Equipment; (b) promptly inform Licensee of any Equipment malfunction; (c) exercise reasonable care in preventing damage and vandalism to the Equipment; (d) provide, at no cost to Licensee, electrical service and a telephone line sufficient for operating the Equipment as designed, and; (e) not have under any circumstance any ownership rights to any Equipment. 7. Permits. Regulations and AoDrovals. Licensee will be responsible for securing and complying with all necessary permits, regulations or approvals from all local, state or federal agencies to use the Equipment and /or Property. 8. Holdover Licensee must provide a (30] thirty days written notice of cancellation prior to removing any Equipment and all Property shall be restored by Licensee to its original condition. If, upon expiration or revocation of this License, Licensee remains on the Property, City may remove any of the Equipment placed upon the Property by Licensee without written notice to Licensee. Licensee waives all claims against City for any loss of revenue or damage to the Equipment resulting from City's retention or disposition of any of the Equipment. Licensee is liable to City for City's costs for storing, removing, or disposing of any of the Equipment. 9. Non - Interference with Citv's Use of the Property. Licensee will exercise due diligence in utilizing the Property so as to not interfere with City's utilization of the Property, and Licensee will comply with any rules or regulations that City may promulgate at any time in reference to utilization of the Property. City reserve= the right to direct, at Licensee's sole cost and expense, Licensee to move, and /or rq- - Tom F:Atty /Agr.122 2 060403