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SITE LEASE AGREEMENT
<br />This Site Lease Agreement (the "Agreement") is made and effective as of the date the last Party executes
<br />this Agreement (the "Effective Date"), by and between Indian River County, a political subdivision of the State of
<br />Florida, having a place of business at 180127th St, Vero Beach, FL 32960 ("Landlord"), and DISH Wireless L.L.C., a
<br />Colorado limited liability company having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado
<br />80112 ("Tenant," and together with Landlord, the "Parties," each a "Party").
<br />WITNESSETH:
<br />1. Definitions.
<br />"Affiliate(s)" means, with respect to a Party, ary person or entity, directly or indirectly, controlling, controlled
<br />by, or under common control with such Party, in each case for so long as such control continues. For purposes of
<br />this definition, "control" shall mean (i) the ownership, directly or indirectly, or at least fifty percent (50%) of either:
<br />(a) the voting rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the directors
<br />of such entity, or (ii) the ability to direct the actions of the entity. Notwithstanding the preceding, for purposes of
<br />this Agreement, EchoStar Corporation and its direct and indirect subsidiaries shall not be deemed to be "Aff%liates"
<br />of Tenant unless after the Effective Date any such entity qualifies as a direct or indirect subsidiary of DISH Network
<br />Corporation.
<br />"Applicable Law" means any applicable federal, state or local act, law, statute, ordinance, building code, rule,
<br />regulation or permit, or any order, judgment, consent or approval of any Governmental Authority having
<br />jurisdiction over the Parties or this Agreement.
<br />"Governmental Authority" means any: (i) federal, state, county, municipal, tribal or other local government
<br />and any political subdivision thereof having jurisdiction over the Parties or this Agreement; (ii) any court or
<br />administrative tribunal exercising proper jurisdiction; or (iii) any other governmental, quasi -governmental, self-
<br />regulatory, judicial, public or statutory instrumentality, authority, body, agency, bureau or entity of competent
<br />jurisdiction.
<br />"Installation" means the installation of Tenant's Equipment at the Premises.
<br />"Permitted Modifications" means any modifications necessary for the repair, maintenance, and, if
<br />necessary, the replacement of any of Tenant's Equipment with like -for -like equipment within the Premises, but
<br />does not mean the addition of any equipment or the replacement of equipment with other equipment that
<br />causes an increase in the structural loading of the Structure.
<br />"Property" means that certain parcel of real property upon which the Structure is located.
<br />"Structure" means that certain light pole structure, which is located on the Property.
<br />2. Premises, Term, Rent and Contingencies.
<br />2.1 Premises. Landlord is the owner of the Structure and the Property located at 3901 26TH ST, VERO
<br />BEACH, FL 32960 as more particularly described in Exhibit A. Landlord leases to Tenant (a) approximately 100
<br />square feet of ground space, and (b) space on Landlord's Structure, all for the use and operation of Tenant's
<br />facilities as such are initially described in Exhibit B, collectively referred to as the "Premises". Landlord also grants
<br />to Tenant any easements on, over, under, and across the Property for utilities, fiber and access to the Premises.
<br />Landlord agrees that providers of utility or fiber services may use such easement(s) and/or available conduit(s) for
<br />Site Number: MIMIA00558A
<br />Market: MIAMI Lease Version: 1.0 %g
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