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(g) MetroPCS covenants and agrees that the Facilities and the installation, operation, and maintenance of, shall not damage or impair the strength of the Elevated Tank nor the accessories thereto , nor will any other of their equipment interfere with the County' s use of the Elevated Tank. MetroPCS , after receipt of written documentation, will be responsible for cost of repair for any damage caused by MetroPCS , or by its agents, employees or invitees to the Elevated Tank, or its accessories, or to any other Licensee ' s equipment. (h) MetroPCS shall equip the Facilities with hurricane protection, lightning protection, and power surge protection. ( i ) In the event MetroPCS needs to install utility services underground on the Property, Licensee shall submit to Licensor for approval or disapproval construction plans showing the location and path of any proposed trench or other excavation prior to the commencement of any work . Licensee shall be responsible for obtaining all necessary permits , and shall perform any trenching or excavation in a proper, workmanlike manner to prevent any interference with Licensor' s or any other Licensee ' s property or equipment or use of the Property . 5. TERMS OF AGREEMENT The initial terms of this Agreement shall be five (5 ) years commencing at the full execution of this Agreement. The Agreement shall terminate on the day preceding the fifth anniversary of the Commencement Date, unless otherwise terminated as provided herein . In the event that the Licensee is not in default in the performance of any term or condition of the Agreement, MetroPCS shall have the option to renew this Agreement for up to three (3 ) successive, five (5 ) year terms under the same terms and conditions as set forth herein, or except as otherwise agreed to by both parties . Each option for renewal shall be deemed automatically exercised with notice byMetroPCS , to The County, unless Licensee provides written notice of intent not to renew to The County at least six (6) months prior to expiration of the current term. 6 . LICENSE FEE a) Beginning on the commencement date , , MetroPCS shall pay to The County, an annual license fee of TWENTY THOUSDAND AND 00/ 100 DOLLARS , ( $ 20 , 000 . 00) , to be paid in equal monthly installments of ONE THOUSAND SIX HUNDRED SIXTY SIX , and 67/ 100 DOLLARS , ($ 1 , 666 . 67) , to be paid on the first of the month starting from execution of these documents , without deduction or offset, at such place or places as may be designated, in writing, by The County at least thirty (30) days in advance of any payment date . MetroPCS shall pay all prevailing Florida sales taxes , if applicable , tangible property taxes associated with the Licensee ' s facilities , and intangible property taxes , as may be applicable . b) The license fee shall increase annually by four (4%) percent over the license fee for the previous year. Such increase shall occur on October 1St of every year, at the beginning of The County ' s fiscal year . c) Licensee shall have the right, at its sole discretion and expense , to use a direct deposit Page 3 of 15 C:\Documents and Settings\IU Bob Armijo\Desktop\oPCS003-KingsHighwayWaterTankLicensetoOccupyMarchl5,2005 .doc