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g . t . FREQUENCY RELOCATION AGREEMENT (CASH) THIS FREQUENCY RELOCATION AGREEMENT (this "Agreement") is made as of the Effective Date by and between AT&T Mobility LLC ("AT&T MOBILITY"), a Delaware limited liability company, with offices located at 1057 Lenox Park Blvd NE, Atlanta, GA 30319-5309, and Indian River County, Florida, (the "Incumbent") , a political subdivision of the State of Florida, with offices located at 4225 43 `d Avenue, Vero Beach, FL 32967 . RECITALS : A. Incumbent presently is licensed to operate on the Licensed Frequencies within the 2110 to 2155 MHz band; B. The FCC has reallocated and auctioned the 2110 to 2155 MHz frequencies, including those used by Incumbent, from fixed microwave services to the Advanced Wireless Services ("AWS") ; C. AT&T MOBILITY, or an Affiliate, is licensed by the FCC to operate AWS systems in the MIAMI-FORT LAUDERDALE, FL market (the "Market"), and desires that the Incumbent vacate the Licensed Frequencies and relocate its system to the Replacement System in order to avoid any potential interference between the Incumbent and AT&T MOBILITY' s operations on or use of the Licensed Frequencies ; D. AT&T MOBILITY and the Incumbent have voluntarily entered into negotiations in good faith to reach an agreement as to the terms of the relocation; E. AT&T MOBILITY and Incumbent desire that the Incumbent cease use of its Microwave Operations to , clear the Licensed Frequencies for use by AT&T MOBILITY on a primary basis, consistent with the FCC ' s grant of AWS licenses to AT&T MOBILITY pursuant to Public Notice DA 06-2408 , dated November 29, 2006, and consistent with the relocation procedures set forth in Part 27 of the FCC ' s rules and the FCC ' s Ninth Report and Order in ET Docket No . 00-258 ; and F. Pursuant to the terms and conditions of this Agreement, the Incumbent will cease all of its operations on the Licensed Frequencies and forfeit, to the FCC , the Incumbent' s license(s) to operate on such Licensed Frequencies . NOW, THEREFORE, in consideration of the mutual promises and covenants of the Parties contained herein, and for other valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the Parties intending to be legally bound hereby agree as follows : 1 . Definitions . 1 . 1 . "Affiliate", with respect to a Party, means any individual or entity that directly or indirectly controls, is controlled by, or is under common control with the Party. r-