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Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the <br />public easement for streets and any and all other deeds, easements, dedications, conditions, <br />covenants, restrictions, encumbrances and claims of title (collectively, "Encumbrances") which <br />may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement, <br />including, without limitation any Encumbrances granted, created or allowed by the Licensor at any <br />time. <br />4.7 In any situation where Licensee has a choice of attaching its equipment to either <br />Municipal Facilities or third -party -owned poles in the public rights -of -way, Licensee shall use <br />good faith efforts to attach to Municipal Facilities, provided that the Municipal Facility in question <br />is substantially similar to third -party owned poles (i.e, it provides the same functionality, fulfills <br />the same need and can be made available within the same time frame) and the total cost of installing <br />and maintaining the Equipment on the Municipal Facility in question is the same or less than on <br />the available alternative third -party owned pole. <br />5. COMPIENSATION. Licensee shall be solely responsible for the payment of all fees in <br />connection with Licensee's performance under this Agreement, including those set forth below. <br />5.1 Application Fee. Each application for a Supplement shall be accompanied by a <br />non-refundable application fee ("Application Fee") in the amount fixed by Licensoe's <br />Miscellaneous Fees Schedule that is in effect at the time the application for a Supplement is made <br />to Licensor. <br />5.2 License Fees. <br />5.2.1 Licensee acknowledges that the FCC has adopted a Declaratory Ruling <br />(FCC 18-1.33) that relates to the compensation which went into effect on January 14, 2019 but that <br />Declaratory Ruling is currently the subject of litigation. Paragraphs 5.2.2, 5.2.3 and 5.2.4 govern <br />the payment of compensation and how it may be impacted by the Declaratory Ruling and the <br />resolution of related litigation during the Initial Term and any Renewal Terms. <br />5.2.2 During any period in which the FCC Declaratory Ruling (FCC 18-133) is <br />in effect and during any period in which the Alternate License Fee provisions in paragraph 5.2.3 <br />are not applicable, the Licensee shall pay a License Fee as described in this paragraph. Licensee <br />shall pay to the Licensor the base amount of two hundred and seventy dollars ($270.00) per year <br />for each location covered by a Supplement ("License Fee"). The base amount of the License Fee <br />under all Supplements shall be subject to an annual adjustment of three percent (3%) applied on <br />each anniversary of the Effective Date. Any new Supplements entered into during a given year <br />shall commence at the License Fee, as adjusted by this Section to reflect the then -current <br />rate. There shall be no refunds of License Fees paid due to the termination or expiration of the <br />Agreement for any reason. <br />5.2.3 Alternate License Fee. In the event the relevant provisions of the FCC <br />Declaratory Ruling cease to be effective, (for example, because they are stayed after having gone <br />into effect, or they are vacated or invalidated and have not been replaced by the FCC with an <br />alternative provision setting a specific amount as License Fee), the Licensee shall automatically <br />and immediately be obligated to pay the Alternate License Fee as described in this paragraph and <br />Page 7 of 23 <br />