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<br /> 5. , D"3
<br /> 4. TERM. The term of this Ucense shall be for five (5) years, commencing on date Ucensee begins construction of the
<br /> Site Equipment, or three months from the Effective Date of this Agreement, whichever occurs first (the "Commencement Date") and
<br /> terminating on the fifth (5th) anniversary of the Commencement Date (the "Term").
<br /> 5. PAYMENTS.
<br /> (a) Upon the Commencement Date, Licensee shall pay Licensor the nonrefundable fee (the "Annual License Fee") of $_-0-
<br /> _ per year. The Annual License Fee for the first year of this Agreement shall be due and payable in advance in one (1) payment.
<br /> Thereafter, the Annual License Fee shall be payable in advance in twelve (12) monthly payments of $-0- each, commencing
<br /> on the first anniversary of the Commencement Date. The Annual License Fee shall automatically increase by six percent (6%) per
<br /> year. In the event Licensor terminates this Agreement pursuant to Paragraph 20 below, all sums paid or payable to Licensor pursuant
<br /> to this Paragraph shall become and remain the property of Licensor. The Annual License Fee shall be payable to Licensor at the
<br /> address set forth below.
<br /> (b) Upon the full execution of this Agreement, Licensee shall pay Licensor a Processing Fee of -0- to compensate Licensor for
<br /> its administrative costs associated with entering into this Agreement.
<br /> (c) Within fifteen (15) days of the Commencement Date, Licensee shall deposit with Licensor the sum of $-0- to be held as a
<br /> security deposit ( the "Security Deposir'). Said Security Deposit shall be held by Licensor as security for the faithful performance by
<br /> Licensee of the terms, covenants, and conditions of this Agreement. If Licensee defaults under this Agreement, which default is not
<br /> cured by Licensee, Licensor, in addition to its other remedies, may use apply, or retain all of this Security Deposit to compensate or
<br /> partially compensate Licensor for any loss, damage, or expense incurred by Ucensor by reason of Licensee's uncured default. Upon
<br /> the termination of this Agreement, in the event Licensee has not caused an event of default, Ucensor shall return the Security Deposit
<br /> to Licensee within forty five (45) days of Licensee's vacation of the Property.
<br /> (d) Upon Licensee's execution of this Agreement, Licensee shall pay the following fees upon sending this executed Agreement
<br /> back to Licensor:
<br /> i. $125.00 to be paid to Licensor as initial Utility Charge (please see Section 8 of this Agreement).
<br /> 6. TAXES. Licensee shall pay personal property taxes on Licensee's personal property on the Premises. In the event
<br /> Licensor's real property taxes increase as a result of Licensee's use of the Premises, Licensee must reimburse such tax increase to
<br /> Licensor within thirty (30) days of receipt of written notice and reasonable evidence thereof. Licensee hereby accepts and assumes
<br /> full and exclusive liability for and shall hold Licensor harmless from the payment of Licensee's taxes and other expenses arising from
<br /> the conduct of Licensee's business on or in the Property.
<br /> 7. CONSTRUCTION.
<br /> (a) Prior to the commencement of construction, Licensee shall (at its sole cost and expense) submit to Licensor working
<br /> drawings, plans, and specifications detailing the location, size, and weight of Licensee's Site Equipment, specifically describing the
<br /> proposed construction and work. No work shall commence until Licensor has approved same in writing, which approval shall not be
<br /> unreasonably withheld. Notwithstanding the foregoing, Licensor shall have the right not to approve such plans if they are not
<br /> aesthetically satisfactory to Licensor in both fitness and appearance. Approval or disapproval and required changes shall be delivered
<br /> to Licensee within twenty (20) working days after the receipt of such plans from Licensee. Any changes to the approved plans by
<br /> Licensee must be re-submitted to Licensor for its re-approval. In no event shall Licensor's approval of such plans be deemed a
<br /> representation that they comply with applicable laws, ordinances, or rules and regulations or will not cause interference with other
<br /> communication systems, such responsibility being solely Licensee's. Licensee agrees that all construction and installation work shall
<br /> be performed at Licensee's sole cost and expense, in a neat, responsible, and workmanlike manner using generally accepted
<br /> construction standards consistent with such reasonable requirements as shall be imposed by Licensor. Licensee shall hire those
<br /> contractors (at its sole cost and expense) previously utilized by Licensor, to make and repair any penetrations to the roof or parapet of
<br /> the Building. Licensee shall maintain a water-tight installation of its Site Equipment on the Building. Licensee shall label each cable
<br /> placed in or on the Building as well as each antenna. Label information shall include where cable originates, where cable terminates
<br /> along with the name of the company which owns the cables and antennas.
<br /> (b) Licensee understands and agrees that the structural integrity of the load-bearing capability of the roof and interior of the
<br /> Building, the moisture resistance of the Building membrane, and the ability of Licensor to use all parts of the roof and interior of the
<br /> Building are of critical importance to Licensor. Licensee agrees that the specifications and plans it will provide shall be of sufficient
<br /> specificity to ensure tha~ these concerns are addressed, and Licensee further agrees that the actual installation of Licensee's Site
<br /> Equipment shall be in accordance with those specifications. Licensee also agrees that it will not place any Site Equipment on the
<br /> property where the weight of the Site Equipment exceeds the floor or roof-load capacity of the area where the Site Equipment is
<br /> placed.
<br /> (c) Licensee shall repair any damage to the Property where such damage is caused by Licensee, any of its agents,
<br /> representatives, employees, contractors, or subcontractors, as a resLlIt of the installation, construction, operation, maintenance,
<br /> repair, or removal of Licensee's Site Equipment, at its sole cost, as soon as possible, but in no event more than five (5) days from the
<br /> date Licensee was first notified of such damage. In the event Licensee needs to make repairs to the roof or parapet of Licensor's
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