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9. Effective Date. The "Effective Date" of this Agreement shall be the date this <br />Agreement is signed by the last party to sign it. <br />10. Installation of City Poles and WCFs by Crown Castle. The Parties agree and <br />acknowledge that Crown Castle will place a new City Pole at each of the Revised Locations that <br />receives approval of the Revised Permit Application in accordance with the approved Revised <br />Permit Application and plans. The Parties agree that Crown Castle may proceed with installation <br />of the approved City Poles and associated WCFs prior to the completion of the decommissioning <br />and removal process of the Existing ,Poles by SCE or City, and that Crown Castle's installation of <br />such City Poles may proceed and remain in place regardless of the status or success of the <br />decommissioning process. Pursuant to a form mutually acceptable to the Parties, Crown Castle <br />will transfer ownership of the City Poles and any associated manufacturers warranties to the City <br />immediately upon installation at the Revised Locations. <br />11. Rent. Crown Castle will pay an annual rental fee to the City for the non-exclusive <br />use of space on all of the City Poles for the WCFs ("Annual Rent") in accordance with the <br />following terms and conditions: <br />a. Crown Castle will pay Annual Rent in the amount of $1,000 per year, per City Pole <br />with no escalation for an initial two (2) year term (the "Initial Term") commencing <br />on the date of installation of the first City Pole. The Annual Rent for the initial year <br />of the Initial Term shall be due and payable to the City within sixty (60) days after <br />the installation of the first City ,Pole. At the commencement of the Initial Term, <br />Crown Castle shall have the right, but not the obligation, to pre -pay the Annual <br />Rent for both years of the Initial Term. <br />b. At the conclusion of the Initial Tenn, the term will automatically extend for an <br />additional eight (8) years (the "Remaining Tenn"). Crown Castle shall have the <br />right but not the obligation to further extend the Remaining Term for up to two (2) <br />additional five (5) year periods (each a "Renewal Term") by providing written <br />notice to the City at least ninety (90) days prior to the expiration of the then -current <br />term; provided that Crown Castle has no uncured defaults under this Agreement as <br />of the date each such Renewal Term would go into effect. <br />c. At the conclusion of the Initial Term, the Parties agree that for the duration of the <br />Remaining Term, and any Renewal Terms, Crown Castle will pay the following <br />amount of Annual Rent: <br />i. if the FCC Order is final and effective (as evidenced by a final non - <br />appealable order of a court of competent jurisdiction upholding the FCC <br />Order) at the conclusion of the Initial Term, the amount of "fair and <br />reasonable compensation" under Section 253(c) of the Communications Act <br />that is permitted by the FCC Order per year, per City Pole; or <br />ii. if, at the conclusion of the Initial Term, the appropriate rental amount that <br />complies with the FCC Order is unclear, or the FCC Order is not final and <br />effective (as evidenced by a final non -appealable order of a court of <br />1129494 L VLA <br />377510-00002/12-19-18/d./b,b -7- <br />