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4. The License Agreement is a valid enforceable agreement and is presently in full <br />force and effect. On the date of this Agreement, neither County nor, to County's knowledge, <br />Seller is in default of any of the terms, conditions or covenants of the License Agreement, and <br />there are no counterclaims or defenses to the enforcement of the License Agreement in favor of <br />either County or, to the best of County's knowledge, Seller. <br />5. County agrees that the communications towers currently located on the Premises, <br />and any additional tower constructed by Pinnacle on the Premises (collectively, the "Towers"), will <br />remain personal property and will not become a part of the Premises, and will not be owned by <br />County, and that Pinnacle may enter into the Premises at any time to remove the Towers, at its <br />own expense. County hereby waives and releases any and all rights, liens, interests, and claims, <br />whether statutory or othorwlso, to tho Towers, <br />6. County consents to Pinnacle's collateral assignment and mortgage of its rights under <br />the License, the Towers and all of Pinnacle's other personal property and fixtures attached to the <br />Premises to NationsBank of Texas, N.A. (or any other creditor or lender of Pinnacle) as security <br />for a loan to Pinnacle. <br />7. The parties agree that the word "it" in the second sentence of Section 4 of the June <br />22, 1993 Amendment of the License is hereby replaced with "WGYL." <br />8. All notices, approvals, consents, and other communications referred to herein or in <br />the License shall be in writing and sent by certified mail, return receipt requested, addressed to the <br />parties at their addresses set forth below or to such other address as either party shall specify by <br />notice to the other. <br />9. This Agreement shall be binding upon and inure to the benefit of County and <br />Pinnacle and their respective successors and assigns. <br />10. This Agreement shall become effective if and when the above -referenced Asset <br />Purchase Agreement between Pinnacle and Seller is executed. <br />