Common use of Revenue Share Clause in Contracts

Revenue Share. e. and f. of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution of this Second Amendment and the Memorandum of Second Amendment to Lease Agreement ("Memo"), Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to pay to Owner thirty-five percent (35%) of the rental, license or similar payments actually received by Lessee from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") within thirty (30) days after receipt of said payments by ▇▇▇▇▇▇. Lessee shall have no obligation for payment to Owner of such share of rental, license or similar payments if not actually received by Lessee. Non- payment of such rental, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to sublease, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior to the commencement of the fourth (4th) Renewal Term shall be expressly excluded from the Additional Rent and Owner shall have no right to receive any portion of such revenue."

Revenue Share. e. and f. BVIG shall pay Licensor the non-refundable Exclusivity Fee within sixty (60) days of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution of this Second Amendment Agreement by both parties. BVIG may recoup the Exclusivity Fee, Hosting Fee and Insurance Payment from the Revenue Share payable to Licensor. Licensor shall receive its Revenue Share of the Net Cumulative End User Fees from all Wireless Distribution by BVIG of the Applications and its Revenue Share of all revenues generated as Product Placement Fees in the Territory (together, the “Revenue Share”) after recoupment of the Exclusivity Fee, Hosting Fee and the Memorandum of Second Amendment to Lease Agreement ("Memo"), Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to pay to Owner thirty-five percent (35%) of the rental, license or similar Insurance Payment by BVIG against Licensor’s Revenue Share. Revenue Share payments actually received by Lessee from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") shall be due and payable within thirty (30) days after the end of each calendar quarter in which BVIG actually receives any Net Cumulative End User or Product Placement Fees. BVIG shall provide to Licensor a written statement setting forth in respect of each Territory for the applicable calendar quarter (i) the number of active subscribers for the Applications at the start and end of that quarter, (ii) Net Cumulative End User Fees received, (iii) the total amount of fees paid to BVIG as Product Placement Fees, and (iv) a calculation of the Revenue Share due to Licensor. Payments and statements issued by BVIG hereunder shall be binding unless Licensor submits to BVIG a written notice of any disputed items within ninety (90) days from the date of receipt of said the applicable payment or statement, except however, this sentence shall not apply to any results from an audit conducted by Licensor pursuant to this Section 4.1. If Licensor reasonably believes that such reports or payments are materially inaccurate, it may, no more than once per calendar year during the Term of this Agreement and at its own cost, request that a nationally recognized independent CPA or accounting firm nominated by ▇▇▇▇▇▇the Licensor and approved by BVIG (whose approval may not be unreasonably withheld) audit the Revenue Share calculations. Lessee Any such audit shall have no obligation take place after prior written notice has been delivered to BVIG and at a mutually agreeable time and place. In the event that such audit reveals that the dollar value of a BVIG underpayment of the Revenue Share for a specific payment period exceeds 10% of the amounts actually paid by BVIG for such period, then BVIG shall reimburse the reasonable fees paid by Licensor to Owner the auditor. Any results and information obtained during such audit shall be treated as confidential pursuant to Section 7 of such share of rentalthis Agreement. To the extent a Carrier or other distributor is not responsible, license each party shall be responsible for foreign, federal, state and local taxes, tariffs, duties or similar payments if not actually received by Lessee. Non- payment of such rentalgovernmental assessments, license or other similar payment by a Future Subtenant shall not be an event of default under the properly assessed against it in connection with this Agreement. Lessee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to sublease, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior to the commencement of the fourth (4th) Renewal Term shall be expressly excluded from the Additional Rent and Owner shall have no right to receive any portion of such revenue."

Revenue Share. e. a. The Parties acknowledge and f. agree that Section 3.3 and Exhibit C of the First Amendment Lease are hereby deleted in their entirety and replaced with are of no further force and effect. From and after the following: "Notwithstanding Effective Date the suspension obligations of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution Parties with respect to revenue share shall be controlled by this Section of this Second Amendment Amendment. Subject to the other applicable terms, provisions, and the Memorandum conditions of Second Amendment to Lease Agreement ("Memo")this Section, Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to Tenant shall pay to Owner thirty-five Landlord ten percent (3510%) of any rents actually received by Tenant under and pursuant to the rentalterms and provisions of any new sublease, license or similar payments other collocation agreement (any sublease, license or other collocation agreement, a “Collocation Agreement”) for the use of any portion of the Leased Premises entered into by and between Tenant and a third party subsequent to the Effective Date (any such third party, the “Additional Collocator” and any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse Tenant, in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), or for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower. The Collocation Fee shall not be subject to the escalations to Rent as delineated in this Amendment and/or the Lease. To the extent the amount of rents actually received by Lessee Tenant from an Additional Collocator escalate or otherwise increase pursuant to those agreements, the Collocation Fee shall be based on such Future Subtenant (excluding any reimbursement increased amount. b. The initial payment of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant of said payments the first collocation payment paid by the Additional Collocator. In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant. c. Landlord hereby acknowledges and agrees that ▇▇▇▇▇▇. Lessee shall have no obligation for payment ▇ has the sole and absolute right to Owner of such share of rentalenter into, license or similar payments if not actually received by Lessee. Non- payment of such rentalrenew, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion as to whetherextend, and on what termsterminate, to subleaseamend, license restate, or otherwise allow modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for occupancy of on the Property. There shall be no express or implied obligation for Lessee to subleaseTower, license or otherwise allow occupancy of all on such terms as Tenant deems advisable, in Tenant’s sole and absolute discretion, notwithstanding that the Property. Notwithstanding anything in this paragraph same may affect the amounts payable to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior Landlord pursuant to the commencement of the fourth (4th) Renewal Term shall be expressly excluded from the Additional Rent and Owner shall have no right to receive any portion of such revenuethis Section."

Revenue Share. e. a. The Parties acknowledge and f. agree that Section 4 of the First Amendment are is hereby deleted in their its entirety and replaced with is of no further force and effect. From and after the following: "Notwithstanding Effective Date the suspension obligations of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution Parties with respect to revenue share shall be controlled by this Section of this Second Amendment Amendment. Subject to the other applicable terms, provisions, and the Memorandum conditions of Second Amendment to Lease Agreement ("Memo")this Section, Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to Tenant shall pay to Owner thirty-five Landlord twenty percent (3520%) of the rental, license or similar payments any rents actually received by Lessee from Tenant under and pursuant to the terms and provisions of each second and subsequent Collocation Agreement entered into by and between Tenant and a third party subsequent to the Effective Date (any such Future Subtenant third party, the “Additional Collocator”, and any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that in the event that there are less than two Collocation Agreements in effect at one time, Landlord shall not be entitled to any Collocation Fee. Landlord shall only be entitled to a Collocation Fee when there are at least two Additional Collocators at any given time, and such Collocation Fee shall only be due for the second and each subsequent Additional Collocator. Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse Tenant, in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (excluding any reimbursement of taxessuch tower, construction the “Tower”), or for costs, installation costsexpenses, fees, or revenue share reimbursement) (other charges incurred or associated with the "Additional Rent") development, operation, repair, or maintenance of the Leased Premises or the Tower. b. The initial payment of the Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant of said payments the first collocation payment paid by ▇▇▇▇▇▇the Additional Collocator. Lessee In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation for payment to Owner pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of such share of rental, license or similar payments if not actually received by Lessee. Non- payment of such rental, license or other similar payment by a Future Subtenant shall not be an event of default Tenant’s obligations and/or rights under the Agreement. Lessee shall have sole discretion Lease, as to whether, and on what termsmodified by this Amendment, to subleaseany subsidiary, license parent or affiliate of Tenant. c. Landlord hereby acknowledges and agrees that Tenant has the sole and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise allow modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for occupancy of on the Property. There shall be no express or implied obligation for Lessee to subleaseTower, license or otherwise allow occupancy of all on such terms as Tenant deems advisable, in Tenant’s sole and absolute discretion, notwithstanding that the Property. Notwithstanding anything in this paragraph same may affect the amounts payable to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior Landlord pursuant to the commencement of the fourth (4th) Renewal Term shall be expressly excluded from the Additional Rent and Owner shall have no right to receive any portion of such revenuethis Section."

Revenue Share. e. a. Subject to the other applicable terms, provisions, and f. of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution conditions of this Second Amendment and the Memorandum of Second Amendment to Lease Agreement ("Memo")Section, Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to Tenant shall pay to Owner thirty-five Landlord ten percent (3510%) of any rents actually received by Tenant under and pursuant to the rentalterms and provisions of any new sublease, license or similar payments other collocation agreement for the use of any portion of the Leased Premises entered into by and between Tenant and a third party (any such third party, the “Additional Collocator”) subsequent to the Effective Date (any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse Tenant, in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), or for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower. The Collocation Fee shall not be subject to the escalations to Rent as delineated in this Amendment and/or the Lease. To the extent the amount of rents actually received by Lessee Tenant from an Additional Collocator escalate or otherwise increase pursuant to those agreements, the Collocation Fee shall be based on such Future Subtenant (excluding any reimbursement increased amount. b. The initial payment of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant of said payments the first collocation payment paid by an Additional Collocator. In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant. c. Landlord hereby acknowledges and agrees that ▇▇▇▇▇▇. Lessee ▇ has the sole and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for occupancy on the Tower, all on such terms as Tenant deems advisable, in Tenant’s sole and absolute discretion, notwithstanding that the same may affect the amounts payable to the Landlord pursuant to this Section. d. Notwithstanding anything to the contrary contained herein, Landlord hereby acknowledges and agrees that Tenant shall have no obligation for payment to Owner of such share of rentalpay and shall not pay to Landlord any Collocation Fee in connection with: (i) any subleases, license or similar payments if not actually received by Lessee. Non- payment of such rentallicenses, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion collocation agreements between Tenant, or Tenant’s predecessors- in-interest, as to whetherapplicable, and on what termsany third parties, to subleaseor such third parties’ predecessors or successors- in-interest, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to subleaseas applicable, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property entered into prior to the commencement Effective Date (any such agreements, the “Existing Agreements”); (ii) any amendments, modifications, extensions, renewals, and/or restatements to and/or of the fourth Existing Agreements entered into prior to the Effective Date or which may be entered into on or after the Effective Date; (4thiii) Renewal Term shall be expressly excluded from any subleases, licenses, or other collocation agreements entered into by and between Tenant and any Additional Collocators for public emergency and/or safety system purposes that are required or ordered by any governmental authority having jurisdiction at or over the Leased Premises; or (iv) any subleases, licenses or other collocation agreements entered into by and between Tenant and any Additional Rent Collocators if the Landlord has entered into any agreements with such Additional Collocators to accommodate such Additional Collocators’ facilities outside of the Leased Premises and Owner shall have no right such Additional Collocators pay any amounts (whether characterized as rent, additional rent, use, occupancy or other types of fees, or any other types of monetary consideration) to receive any portion of Landlord for such revenueuse."

Revenue Share. e. and f. Section 6 of the First Amendment are Lease is hereby deleted in their entirety its entirety. a. Subject to the other applicable terms, provisions, and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution conditions of this Second Amendment Section, American Tower, on behalf of Tenant, shall pay Landlord Forty-Three and the Memorandum of Second Amendment to Lease Agreement ("Memo"), Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to pay to Owner thirty-five 75/100ths percent (3543.75%) of any rents actually received by Tenant or American Tower under and pursuant to the rentalterms and provisions of any new sublease, license or similar payments other collocation agreement for the use of any portion of the Leased Premises entered into by and between Tenant (or American Tower) and a third party (any such third party, the “Additional Collocator”) subsequent to the Effective Date (any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to (i) reimburse Tenant (or American Tower) for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), which have been made by Tenant or American Tower for the benefit of any licensee, sublessee, or other third party or (ii) reimburse Tenant or American Tower, in whole or in part, for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower. The Collocation Fee shall not be subject to the escalations to Rent, if any, as delineated in this Amendment and/or the Lease. To the extent the amount of rents actually received by Lessee Tenant (or American Tower) from an Additional Collocator escalate or otherwise increase pursuant to those agreements, the Collocation Fee shall be based on such Future Subtenant (excluding any reimbursement increased amount. b. The initial payment of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant (or American Tower) of said payments the first collocation payment paid by ▇▇▇▇▇▇an Additional Collocator. Lessee In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant or American Tower, if such sublease or transfer does not result in additional equipment being located or installed on the Tower. c. Landlord hereby acknowledges and agrees that Tenant and American Tower have the sole and absolute right to enter into, renew, extend, terminate, amend, restate , or otherwise modify (including, without limitation, reducing rent or allowing the early termination of any future or existing subleases, licenses or collocation agreements for payment occupancy on the Tower), all on such terms as Tenant and/or American Tower deem advisable, in Tenant’s and/or American Tower’s sole and absolute discretion, notwithstanding that the same may affect the amounts payable to Owner of such share of rentalthe Landlord pursuant to this Section. d. Notwithstanding anything to the contrary contained herein, license or similar payments if Landlord hereby acknowledges and agrees that Tenant shall have no obligation to pay and shall not actually received by Lessee. Non- payment of such rentalpay to Landlord any Collocation Fee in connection with: (i) any subleases, license licenses, or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion collocation agreements between Tenant (or American Tower), or Tenant’s (or American Tower’s) predecessors-in-interest, as to whetherapplicable, and on what termsAmerican Tower or any third parties, to subleaseor such third parties’ predecessors or successors-in-interest, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to subleaseas applicable, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property entered into prior to the commencement Effective Date (any such agreements, the “Existing Agreements”); or (ii) any amendments, modifications, extensions, renewals, and/or restatements to and/or of the fourth (4th) Renewal Term shall Existing Agreements entered into prior to the Effective Date or which may be expressly excluded from entered into on or after the Additional Rent and Owner shall have no right to receive any portion of such revenueEffective Date."

Revenue Share. e. a. Subject to the other applicable terms, provisions, and f. of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution conditions of this Second Amendment and the Memorandum of Second Amendment to Lease Agreement ("Memo")Section, Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to Tenant shall pay to Owner thirty-five Landlord ten percent (3510%) of any rents actually received by Tenant under and pursuant to the rentalterms and provisions of any new sublease, license or similar payments other collocation agreement for the use of any portion of the Leased Premises entered into by and between Tenant and a third party (any such third party, the “Additional Collocator”) subsequent to the Effective Date (any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse Tenant, in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), or for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower. The Collocation Fee shall not be subject to the escalations to Rent as delineated in this Amendment and/or the Lease. To the extent the amount of rents actually received by Lessee Tenant from an Additional Collocator escalate or otherwise increase pursuant to those agreements, the Collocation Fee shall be based on such Future Subtenant (excluding any reimbursement increased amount. b. The initial payment of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant of said payments the first collocation payment paid by ▇▇▇▇▇▇an Additional Collocator. Lessee In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant. c. Landlord hereby acknowledges and agrees that Tenant has the sole and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for payment occupancy on the Tower, all on such terms as Tenant deems advisable, in Tenant’s sole and absolute discretion, notwithstanding that the same may affect the amounts payable to Owner the Landlord pursuant to this Section. d. Notwithstanding anything to the contrary contained herein, Landlord hereby acknowledges and agrees that Tenant shall have no obligation to pay and shall not pay to Landlord any Collocation Fee in connection with: (i) any subleases, licenses, or other collocation agreements between Tenant, or Tenant’s predecessors- in-interest, as applicable, and any third parties, or such third parties’ predecessors or successors- in-interest, as applicable, entered into prior to the Effective Date (any such agreements, the “Existing Agreements”); (ii) any amendments, modifications, extensions, renewals, and/or restatements to and/or of the Existing Agreements entered into prior to the Effective Date or which may be entered into on or after the Effective Date; (iii) any subleases, licenses, or other collocation agreements entered into by and between Tenant and any Additional Collocators for public emergency and/or safety system purposes that are required or ordered by any governmental authority having jurisdiction at or over the Leased Premises; or (iv) any subleases, licenses or other collocation agreements entered into by and between Tenant and any Additional Collocators if the Landlord has entered into any agreements with such share Additional Collocators to accommodate such Additional Collocators’ facilities outside of rentalthe Leased Premises and such Additional Collocators pay any amounts (whether characterized as rent, license additional rent, use, occupancy or similar payments if not actually other types of fees, or any other types of monetary consideration) to Landlord for such use. e. In connection with each monthly Collocation Fee Tenant will provide Landlord with a calculation sheet identifying the rental amounts(s) received by Lessee. Non- payment of such rentalTenant under any applicable sublease, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion as to whethercollocation agreement with any Additional Collocator, and on what terms, any amounts paid by Tenant to sublease, license or otherwise allow occupancy of the PropertyLandlord in connection therewith. There Landlord shall be permitted to request, no express or implied obligation for Lessee more than once per twelve (12) month period, an annual reconciliation of any and all amounts billed by Tenant to sublease, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree any applicable Additional Collocator together with any payments owed by Tenant and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior to the commencement of the fourth (4th) Renewal Term shall be expressly excluded from the Additional Rent and Owner shall have no right to receive any portion of such revenueactually paid by Tenant."

Revenue Share. e. a. Subject to the other applicable terms, provisions, and f. of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution conditions of this Second Amendment and the Memorandum of Second Amendment to Lease Agreement ("Memo")Section, Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to Tenant shall pay to Owner thirty-five Landlord twenty percent (3520%) of any rents actually received by Tenant under and pursuant to the rentalterms and provisions of any new sublease, license or similar payments other collocation agreement for the use of any portion of the Leased Premises entered into by and between Tenant and a third party (any such third party, the “Additional Collocator”) subsequent to the Effective Date (any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse Tenant, in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), or for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower. The Collocation Fee shall not be subject to the escalations to Rent as delineated in this Amendment and/or the Lease. To the extent the amount of rents actually received by Lessee Tenant from an Additional Collocator escalate or otherwise increase pursuant to those agreements, the Collocation Fee shall be based on such Future Subtenant (excluding any reimbursement increased amount. b. The initial payment of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant of said payments the first collocation payment paid by ▇▇▇▇▇▇an Additional Collocator. Lessee In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant. c. Landlord hereby acknowledges and agrees that Tenant has the sole and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for payment occupancy on the Tower, all on such terms as Tenant deems advisable, in Tenant’s sole and absolute discretion, notwithstanding that the same may affect the amounts payable to Owner of such share of rentalthe Landlord pursuant to this Section. d. Notwithstanding anything to the contrary contained herein, license or similar payments if Landlord hereby acknowledges and agrees that Tenant shall have no obligation to pay and shall not actually received by Lessee. Non- payment of such rentalpay to Landlord any Collocation Fee in connection with: (i) any subleases, license licenses, or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion collocation agreements between Tenant, or Tenant’s predecessors- in-interest, as to whetherapplicable, and on what termsany third parties, to subleaseor such third parties’ predecessors or successors- in-interest, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to subleaseas applicable, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property entered into prior to the commencement Effective Date (any such agreements, the “Existing Agreements”); (ii) any amendments, modifications, extensions, renewals, and/or restatements to and/or of the fourth Existing Agreements entered into prior to the Effective Date or which may be entered into on or after the Effective Date; (4thiii) Renewal Term shall be expressly excluded from any subleases, licenses, or other collocation agreements entered into by and between Tenant and any Additional Collocators for public emergency and/or safety system purposes that are required or ordered by any governmental authority having jurisdiction at or over the Leased Premises; or (iv) any subleases, licenses or other collocation agreements entered into by and between Tenant and any Additional Rent Collocators if the Landlord has entered into any agreements with such Additional Collocators to accommodate such Additional Collocators’ facilities outside of the Leased Premises and Owner shall have no right such Additional Collocators pay any amounts (whether characterized as rent, additional rent, use, occupancy or other types of fees, or any other types of monetary consideration) to receive any portion of Landlord for such revenueuse."

Revenue Share. e. a. Subject to the other applicable terms, provisions, and f. of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution conditions of this Second Amendment and the Memorandum of Second Amendment to Lease Agreement ("Memo")Section, Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to Tenant shall pay to Owner thirtyLandlord twenty-five percent (3525%) of any rents actually received by Tenant under and pursuant to the rentalterms and provisions of any new sublease, license or similar payments actually received other collocation agreement for the use of any portion of the Leased Premises entered into by Lessee from and between Tenant or American Tower and a third party (any such Future Subtenant party, the “Additional Collocator”) subsequent to the Effective Date (excluding such amount, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any reimbursement portion of taxesany sums paid by a licensee or sublessee to reimburse Tenant, construction in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), or for costs, installation costsexpenses, fees, or revenue share reimbursement) (other charges incurred or associated with the "Additional Rent") development, operation, repair, or maintenance of the Leased Premises or the Tower. b. The initial payment of the Collocation Fee shall be due within thirty (30) days after of actual receipt by Tenant or American Tower of said payments the first collocation payment paid by ▇▇▇▇▇▇an Additional Collocator. Lessee In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant or American Tower. c. Landlord hereby acknowledges and agrees that Tenant and American Tower have the sole and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise modify (including, without limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses or collocation agreements for payment occupancy on the tower installed on the Leased Premises (such tower, the “Tower”), all on such terms as Tenant and/or American Tower deem advisable, in Tenant’s and/or American Tower’s sole and absolute discretion, notwithstanding that the same may affect the amounts payable to Owner of such share of rentalthe Landlord pursuant to this Section. d. Notwithstanding anything to the contrary contained herein, license or similar payments if Landlord hereby acknowledges and agrees that Tenant shall have no obligation to pay and shall not actually received by Lessee. Non- payment of such rentalpay to Landlord any Collocation Fee in connection with: (i) any subleases, license licenses, or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion collocation agreements between Tenant (or American Tower), or Tenant’s (or American Tower’s) predecessors-in-interest, as to whetherapplicable, and on what termsAmerican Tower or any third parties, to subleaseor such third parties’ predecessors or successors-in-interest, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to subleaseas applicable, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property entered into prior to the commencement Effective Date (any such agreements, the “Existing Agreements”); (ii) any amendments, modifications, extensions, renewals, and/or restatements to and/or of the fourth Existing Agreements entered into prior to the Effective Date or which may be entered into on or after the Effective Date; (4thiii) Renewal Term shall be expressly excluded from any subleases, licenses, or other collocation agreements entered into by and between Tenant (or American Tower) and any Additional Collocators for public emergency and/or safety system purposes that are required or ordered by any governmental authority having jurisdiction at or over the Leased Premises; or (iv) any subleases, licenses or other collocation agreements entered into by and between Tenant (or American Tower) and any Additional Rent Collocators if the Landlord has entered into any agreements with such Additional Collocators to accommodate such Additional Collocators’ facilities outside of the Leased Premises and Owner shall have no right such Additional Collocators pay any amounts (whether characterized as rent, additional rent, use, occupancy or other types of fees, or any other types of monetary consideration) to receive any portion of Landlord for such revenueuse."