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3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile <br /> <br /> notices shall not be permitted. The Lessee notice address set forth in Section 26 of the <br /> <br /> Agreement is hereby deleted and replaced with the following: <br /> LESSEE: TowerCo Assets LLC <br /> 5000 Valleystone Drive <br /> Cary, NC 27519 <br /> Attn: Property Management <br /> TowerCo ID: CA2935 <br /> 4. Agreement in Full Force. All terms and conditions of the Agreement not <br /> expressly modified by this First Amendment shall remain in full force and effect, and, in the <br /> event of any inconsistencies between this First Amendment and the terms of the Agreement, the <br /> terms set forth in this First Amendment shall govern and control. Except as expressly amended <br /> hereby, the Agreement shall remain in full force and effect as of the date thereof. <br /> 5. Counterparts. This First Amendment may be executed in one or more <br /> counterparts which shall be construed together as one document. <br /> 6. Defined Terms. Unless otherwise defined, all defined terms used in this First <br /> Amendment shall have the meanings ascribed to them under the Agreement. <br /> 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First <br /> Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and <br /> their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended <br /> only by a written agreement executed by each of the parties. <br /> 8. Non-Binding Dntil Fully Executed. This First Amendment is for discussion <br /> purposes only and does not constitute a formal offer by either party. This First Amendment is not <br /> and will not be binding on either party until and unless it is fully executed by both parties. <br /> 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and <br /> made a part of this Amendment. <br /> [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] <br /> CA2935 -Heritage <br /> First Amendment <br /> DM# vl <br /> Page 2 <br /> 25D-11 <br /> <br />