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and maintenance thereof shall not damage or impair the strength of the Elevated Tank and the <br />accessories thereto or any other Licensee's equipment nor interfere with Licensor's use of the <br />Elevated Tank. Licensee, after receipt of written documentation, will be responsible for cost of <br />repair, for any damage caused by Licensee or by its agents, employees or invitees to the Elevated <br />Tank or its accessories or to any other Licensee's equipment. <br />(h) Licensee shall equip its Licensee Facilities with hurricane protection, lightning protection, <br />and power surge protection. <br />(i) Licensee covenants and agrees that, in the event Licensee needs to install utility services <br />underground on the Property, Licensee shall submit to Licensor for approval or disapproval <br />construction plans showing the location and path of any proposed trench or other excavation <br />prior to the commencement of any work. Licensee shall be responsible for obtaining all <br />necessary permits, and shall perform any trenching or excavation in a proper, workmanlike <br />manner to prevent any interference with Licensor's or any other Licensee's property or <br />equipment or use of the Property. <br />The initial term of this Agreement shall be five (5) years commencing upon commencement of <br />construction of Licensee Facilities or one hundred eighty (180) days from full execution of this <br />Agreement, whichever first occurs ("Commencement Date") and terminating on the day preceding <br />the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as <br />provided herein. In the event Licensee is not in default in the performance of any term or condition <br />of this Agreement, Licensee shall have the option to renew this Agreement for up three (3) <br />successive five (5) year terms (the "Renewal Terms") on the same terms and conditions as set forth <br />herein, except as otherwise agreed to by both parties. Each option for a Renewal Term shall be <br />deemed automatically exercised without notice by Licensee to Licensor unless Licensee gives <br />Licensor written notice of Licensee's intent not to renew to Licensor at least six (6) months prior to <br />expiration of the then current term. <br />6_ LiC'RNgR, FRE. <br />(a) Beginning on the Commencement Date, Licensee shall pay 9t "aftilimt License fee of <br />TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) to be paid in equal monthly <br />installments of ONE. THnT 1SATO SIX HUNDRED SIXTY STX AND 67/100 DOI.I.ARS <br />C.S1,666-61) to be paid on the first day of each month to Licensor, in advance, without deduction <br />or offset, at such place or places as may be designated in writing by Licensor at least thirty (30) <br />days in advance of any rental payment date. Licensee shall pay all prevailing Florida sales taxes, <br />if applicable, tangible property taxes associated with Licensee's Facilities, and intangible <br />property taxes, as may be applicable. If the Commencement Date is on a date other than the first <br />day of a calendar month, Licensee shall make a prorated payment of the installment of the annual <br />rental payable for the first and last month of the term of this Agreement. <br />(b) The license fee shall increase on each annual anniversary of the Commencement Date by an <br />amount equal to four percent (4%) of the License fee for the previous year. <br />(c) Licensee will have the right, at its sole cost and expense, to use a direct deposit system <br />with regard to rent payments. Licensor agrees to cooperate with Licensee in providing requisite <br />information to Licensee for such direct deposit. <br />Page 3 d84 <br />F: WtOiticx%V Rn Y - ENGMEMUNGIWTP - South ItMe luler Aruerom and Wixku Info\Ci gpdar 007 - Kirp Hwy Water Tank lioaue to Occupy Mer 08, 2004.DOC <br />