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4� j�VAS / :5 • 179Y FIRST AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS FIRST AMENDMENT ("First Amendment") is made and entered into as of the 10th day of September., 2013 , to that certain Elevated Water Tank Space License Agreement, dated March 23 , 2004 ("License Agreement), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS , LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia 30324 (the "Licensee") . WHEREAS, on March 23 , 2004, Licensor and Licensee' s predecessor in interest entered into the License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more fully therein; and WHEREAS, Licensee desires to install additional equipment on the Elevated Tank, which equipment is described more fully on the revised Exhibit D ("Exhibit D4 ") attached hereto ("Additional Equipment") , and WHEREAS, Licensor is willing to allow installation of the Additional Equipment, and related use of the Land and Elevated Tank, in accordance with the terms of this First Amendment, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows . 1 . Recitals . The above recitals are true and correct, and are incorporated herein. 2. Additional Equipment. Licensee shall have the right to install the Additional Equipment on the Elevated Tank, subject to the remaining terms of the License Agreement and this First Amendment, as described more fully on Exhibit D- 1 . Exhibit D= 1 shall replace in its entirety the Exhibit D in the License Agreement. Installation of the Additional Equipment shall be strictly in accordance with the plans previously submitted by Licensee and approved by Licensor' s outside contractor ("Plans"). No later than ninety (90) days after. installation of the Additional Equipment, Licensee shall obtain (at Licensee' s expense) an inspection conducted by Licensor' s outside contractor of the Additional Equipment and the installation to confirm compliance with the Plans. Any material non-compliance with the Plans shall immediately be corrected. 3. Labeling of Equipment. In connection with the installation of the Additional Equipment, Licensee shall label all of its equipment, including coaxial cables, located or to be located on the Land or the Elevated Tank, so that Licensor and its contractors are able to distinguish Licensee' s equipment from equipment owned by other licensees. This requirement shall apply to all equipment/cables, not just the Additional Equipment. 1