PD Background Report (PL-USE-2023-000008)

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procedures or applicable law, and undertake any other appropriate means to secure the Licensed Area or equipment at Tenant's expense. Tenant has the right to modify, supplement, replace, upgrade, expand the Communication Facility(including,for example,increasing the number of antennas or adding microwave dishes) or relocate the Communication Facility within the Licensed Area at any time during the Term. 'Tenant will be allowed to make such alterations to the Property in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the "Additional Licensed Area"), for such modification or upgrade, Landlord agrees to license to Tenant the Additional Licensed Area,upon the same terms and conditions set forth herein,except that the License Fee shall increase, in conjunction with the license of the Additional Licensed Area by the amount equivalent to the then- current per square foot license fee rate charged by Landlord to Tenant times the square footage of the Additional Licensed Area. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the license of the Additional Licensed Area to Tenant. 3. TERM. (a) The initial license term(the"Initial Term"),will continence on the Effective Date and terminate on the fifth(5th) anniversary of the License Fee Commencement Date(defined below). (b) This Agreement will automatically renew for live (5) additional five (5) year term(s) (each additional five(5)year term shalt be defined as an"Extension Term"),upon the same terms and conditions set forth herein unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least sixty(60)days prior to the expiration of the Initial Term or the then-existing Extension Terra. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or(ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Tenn,this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one(1) year, and for annual terms thereafter("Annual Term") until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least six(6) months prior to the end of any such Annual Term. The monthly License Fee during such Annual Terms shall be equal to the License Fee paid for the last month of the final Extension Term. If Tenant remains in possession of the Licensed Area after the termination of this Agreement, then Tenant will be deemed to be occupying the Licensed Area on a month-to-month basis (the"Holdover Term"),subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terns, any Annual Terns and any Holdover Term are collectively referred to as the"Term." 4. LICENSE FEE. (a) Commencing on the first day of the month followin the date that Tenant commences construction (the "License Fee Commencement Date"), the"License Fee"),at the address set forth above. In any partial month occurring after the License Fee Commencement Date, the License Fee will be prorated. The initial License fee payment will be forwarded by Tenant to Landlord within forty-five (45) days after the License Fee Commencement Date. Tenant shall also pay to Landlord the current rate(4.712%as of the date hereof)of any general excise taxes("GET")on all Rent and any other charges payable under this Agreement by Tenant to Landlord such as utilities and taxes that are billed by Landlord. (b) icense Fee Commencement Date during the Term,the monthly License Fee ver the License Fee paid during the previous year. c All charges payable under this Agreement such as utilities and taxes shall be billed b Landlord ( ) g p Y g Y within one (1) year from the end of the calendar year in which the charges were incurred„ any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly License Fee which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. I QO t 54764-5] 2 (VaIcLao V i llagc FAA)L*nd Licmw Aptcxmmt(6015476L5)Clam.01,01:2