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2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "B ". Costs incurred by LESSEE for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the Effective Date; provided, however, the initial term shall commence on the Commencement Date (defined below). Notwithstanding the Commencement Date, the Parties acknowledge that the initial term of this Agreement shall expire upon the expiration or earlier termination of the term of the AT &T Lease, which initial ten (10) year term commenced June 1, 2011 and is set to expire May 31, 2021. The Parties farther acknowledge that this Agreement is contingent upon the execution of the Sublease between AT &T and LESSEE. If for any reason said Sublease is terminated by either party, this Agreement shall also terminate. 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of Sixteen Thousand Eight Hundred and No /100 Dollars ($16,800.00) to be paid in equal monthly installments on or before the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence based upon the date LESSEE commences installation of LESSEE's Facilities (as defined below), or the first day of the month that is six (6) months after the Effective Date of this Agreement, whichever occurs first ( "Commencement Date "). In the event the date of commencing installation of LESSEE's Facilities is determinative and such date falls between the 1 st and 15th of the month, the Agreement shall commence on the Ist of that month and if such date falls between the 16th and the last day of the month, then the Agreement shall commence on the 1st day of the following month. LESSEE agrees that it will notify LESSOR in writing the Commencement Date in the event the Commencement Date is based upon the date LESSEE commences installation of the equipment on the Premises. In the event the Commencement Date is the fixed date set forth above, there shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after the Commencement Date or after a written acknowledgement confirming the Commencement Date, if such an acknowledgement is required. If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to Six Percent (6 %) of the then - current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of Four Percent (4 %) per year of the annual rental rate in effect for the immediately previous year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. LESSEE hereby agrees to pay LESSOR a one -time, non- recurring, nonrefundable lump sum administrative fee of Thirty Thousand Dollars ($30,000.00) within thirty (30) days after the Commencement Date. Notwithstanding the above, LESSOR shall refund LESSEE the initial $30,000.00 payment in the event ,LESSEE is unable, due to the sole fault and unreasonable delay of LESSOR, to obtain all Governmental Approvals (defined below) necessary to construct LESSEE's Facilities, within six (6) months after the full execution of this Agreement. 45022333.1 Jerome Park