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FREQUENCY RELOCATION AGREEMENT <br /> (CASH) <br /> THIS FREQUENCY RELOCATION AGREEMENT (this "Agreement") is made as of the <br /> Effective Date by and between AT&T Mobility LLC ("AT&T MOBILITY"), a Delaware limited <br /> liability company, with offices located at 1057 Lenox Park Blvd NE, Atlanta, GA 30319-5309, and <br /> Indian River County, Florida, (the "Incumbent"), a political subdivision of the State of Florida, with <br /> offices located at 4225 43rd Avenue, Vero Beach, FL 32967. <br /> RECITALS: <br /> A. Incumbent presently is licensed to operate on the Licensed Frequencies within the 2110 to <br /> 2155 MHz band; <br /> B. The FCC has reallocated and auctioned the 2110 to 2155 MHz frequencies, including those <br /> used by Incumbent, from fixed microwave services to the Advanced Wireless Services ("AWS"); <br /> C. AT&T MOBILITY, or an Affiliate, is licensed by the FCC to operate AWS systems in the <br /> MIAMI-FORT LAUDERDALE, FL market (the "Market"), and desires that the Incumbent vacate the <br /> Licensed Frequencies and relocate its system to the Replacement System in order to avoid any <br /> potential interference between the Incumbent and AT&T MOBILITY's operations on or use of the <br /> Licensed Frequencies; <br /> �... <br /> D. AT&T MOBILITY and the Incumbent have voluntarily entered into negotiations in goo <br /> faith to reach an agreement as to the terms of the relocation; <br /> E. AT&T MOBILITY and Incumbent desire that the Incumbent cease use of its Microwave <br /> Operations to clear the Licensed Frequencies for use by AT&T MOBILITY on a primary basis, <br /> consistent with the FCC's grant of AWS licenses to AT&T MOBILITY pursuant to Public Notice DA <br /> 06-2408, dated November 29, 2006, and consistent with the relocation procedures set forth in Part 27 <br /> of the FCC's rules and the FCC's Ninth Report and Order in ET Docket No. 00-258; and <br /> F. Pursuant to the terms and conditions of this Agreement, the Incumbent will cease all of its <br /> operations on the Licensed Frequencies and forfeit,to the FCC, the Incumbent's license(s)to operate <br /> on such Licensed Frequencies. <br /> NOW,THEREFORE, in consideration of the mutual promises and covenants of the Parties <br /> contained herein, and for other valuable consideration,the receipt, sufficiency and adequacy of which <br /> are hereby acknowledged, the Parties intending to be legally bound hereby agree as follows: <br /> 1. Definitions. <br /> 1.1. "Affiliate", with respect to a Party,means any individual or entity that directly or <br /> indirectly controls, is controlled by, or is under common control with the Parry. <br /> 32 <br />