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condition is disclosed by T-Mobile's inspection. T-Mobile will restore the Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable wear and tear and casualty not caused by T-Mobile excepted. In addition, T-Mobile shall indemnify, defend and hold County harmless from and against any and all injury, loss, damage or claims arising directly out of T-Mobile's Tests. (c) Plans submitted by T-Mobile call for access easement to the light tower and the County agrees to grant, by separate document if needed, an access easement to the Property. (d) The Tests shall include an engineer's certification that the light tower and any antennae arrays to be installed by T-Mobile shall meet current building code specifications and shall not compromise in any way any manufacturer's warranty on the light tower. 2. TERM. (a) This License shall commence on date T-Mobile begins installation at the site (the "Commencement Date"), which shall be confirmed in writing from T-Mobile to County. Unless extended or sooner terminated as herein provided,the initial term shall be ten (10)years following the Commencement Date("Initial Term"). (b) T-Mobile shall have the option to extend the term of this License for four (4) successive additional periods of 60 months (five years) each ("Renewal Term"). Each Renewal Term shall commence automatically, unless T-Mobile delivers notice to County of its intent not to renew, such notice to be delivered not less than thirty (30)days prior to the end of the then current term. (c)Upon expiration of this License, T-Mobile shall remove the light tower or transfer ownership of the light tower to the County,at the County's option. If County elects to take ownership of the light tower, (i) T-Mobile shall remove its equipment from the light tower, and (ii) County shall be solely responsible for all costs and expenses relating to the repair, replacement, maintenance and operation of the light tower. 3. LICENSE FEE. T-Mobile shall pay license fee to County beginning at Commencement Date a monthly fee payment that shall consist of the following: (a) One thousand five hundred dollars($1,500.00); and (b) if applicable, a sum equal to thirty-five percent (35%) of the rent or any fees paid by any tenants, licensees or sublicensees to T-Mobile. (c) The rent or license fees shall be paid by T-Mobile at the address set forth above on or before the fifth (5th)day of each calendar month in advance. Rent will be prorated for any partial month. The initial license fee payment will be forwarded by T-Mobile to County within thirty(30) days after Commencement Date. (d)During the Initial Term and any Renewal Terms, the monthly license fee shall be adjusted annually on each anniversary of the Commencement Date to an amount equal to one hundred four percent (104%) of the monthly license fee in effect immediately prior to the adjustment date. 4. TAXES. T-Mobile shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Communication Facilities (as defined below). County shall pay when due all real property taxes and all other fees and assessments, if any, attributable to the Property and Premises. T-Mobile shall pay as an additional license fee any increase in real property taxes levied against Premises, which are directly attributable to T-Mobile's use of the Premises (but not, however, taxes attributable to periods prior to the Commencement Date such as roll-back or greenbelt assessments) if County furnishes proof of such increase to T-Mobile. In the event that County fails to pay when due any taxes affecting the Premises or the easement, T- Mobile shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid by T-Mobile on County's behalf from future installments of the license fee. 5. USE. (a) The Premises are being licensed for the purpose of erecting, installing, operating and maintaining, transmitting and receiving equipment, the light tower, antennas, dishes, mounting structures, buildings, and related equipment (collectively, the "Communication Facilities"). Subject to prior approval and permitting by 2 131