New Cingular Wireless PCS LLC 7/31/2018

equipment of Company; provided,however that this exception shall not apply to the extent such equipment is deployed for the public health and safety. 3.7. In any situation where Company has a choice of attaching its Site Equipment to either City Poles or third-party-owned property, Company shall use good faith efforts to attach to the City Poles,provided that(a) such City Poles are at least equally suitable functionally for the operation of the Small Cell services and(b)the use fee, construction and installation costs associated with such attachment over the length of the term are equal to or less than the fee or cost to Company of attaching to the alternative third-party-owned property. 3.8. The City may allow the Company to replace existing City Poles if they are not structurally capable of holding the Site Equipment, for and in consideration of Company's agreement to design and pay all costs for the new City Pole, including all costs to accommodate the Site Equipment that are incurred by other utilities, companies or the City, who own existing attachments or equipment on the City Poles. Costs shall also include any dismantling or removal of the existing City Pole. Additional costs that Company may be liable for include, but are not limited to, replacement of foundation,replacement streetlight,replacement of junction boxes to non-skid boxes, additional conduit if needed, and geotechnical analysis that all systems meet the National Electrical Code. The design of any such replacement poles will need to be approved by City prior to installation. Upon completion of the construction and inspection or acceptance of the City Facility, the Company hereby deeds the Facility to the City, without need for further documentation or agreement, and shall continue to own its Site Equipment. 4. Effective Date All references in this Agreement to the"Effective Date", "the date hereof', or similar references shall refer to the date of last signature. 5. Term The term of this Agreement shall commence as described in Section 4 above, and shall expire ten(10) years from effective date ("Initial Term"); provided that this Agreement may be extended for three additional five(5)year terms(each additional five(5)year term is a"Renewal Term"). Each Renewal Term shall be automatic unless either party provides written notice to the other at least six(6) months prior to the expiration of the Initial Term or first Renewal Term that such party does not intend to renew the Agreement. The Initial Term and the Renewal Terms shall collectively be referred to as the "Term". The Site License Addendums shall not extend this Agreement. Such Site License Addendums shall terminate with the expiration or termination of this Agreement. 6. Compensation 6.1. Prior to execution of this Agreement, Company shall pay a one-time fee in the amount of Five Thousand Dollars($5,000)for the Owner's consideration of the Agreement. New Cingular Wireless PCS,LLC 5