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iviarKer. imami First Amendment Elevated Water Tank Space License Agreement This First AMENDMENT TO Elevated Water Tank Space License Agreement ("Amendment") is made and entered into by and between Indian River County, a Political subdivision of the State of Florida ("Licensor"), and T-Mobile South LLC, a Delaware limited liability company, as successor in interest to Omnipoint Holdings, Inc. ("Licensee"). Recitals The parties hereto recite, declare and agree as follows: A. Licensor and Licensee (or as applicable, their respective predecessors in interest) entered into a Elevated Water Tank Space License Agreement dated March 23, 2004 (including any prior amendments,the "Agreement"), with respect to Premises located at 4690 28th Court (north of 49th Street) in Indian River County. B. Licensor and Licensee desire to enter into this Amendment in order to modify and amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: 1. Thirty (30) days after the date this Amendment is fully executed by the parties (a) Licensee will have the right to modify the Licensee Facilities as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Licensor hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects, and (b) the license fee that Licensee pays Licensor will be increased by Three hundred fifty Dollars ($350.00) per month. 2. The parties' notice addresses in the Agreement are deleted in their entirety and replaced with the following: If to Licensee: T-Mobile South LLC Attn: Lease Compliance/A2P0003A 12920 SE 38th Street Bellevue, WA 98006 If to Licensor: Indian River County Board of County Commissioners 180127 TH St, Vero Beach, FL 32960 Attention: Terry Southard, Operations Manager Department of Utility Services Phone: (772) 226-3404 3. The terms and conditions of the Agreement are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Agreement. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the Agreement, all of which are ratified by the parties and shall remain in 1 46