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C. License Fee amounts attributable to partial months shall be prorated on a <br />daily basis. <br />D. The License Fee shall be subject to an annual increase of four percent (4%) <br />per year, to be increased on each anniversary of the Effective Date. <br />E. LICENSEE agrees to pay to LICENSOR an Additional License Fee, as set <br />forth in Section 28A(1) of this Agreement, in the amount of Five Hundred <br />and 00/100 Dollars ($500.00) per month, beginning upon the first day of the <br />first full month following commencement of construction activities within <br />the Premises by the DISH Colocator, defined in Section 11 below (the "DISH <br />Colocation Effective Date"), and each subsequent payment shall be due and <br />payable on the first day of each month thereafter until the earlier of (i) the <br />expiration of the Term, or (ii) the expiration or termination of the DISH <br />colocation. On the anniversary of the DISH Colocation Effective Date and on <br />each anniversary of that date thereafter (each an "Additional License Fee <br />Adjustment Date"), the Additional License Fee shall not escalate at a fixed <br />amount, however, such fee will be calculated pursuant to Section 28(a)(1) of <br />this Agreement. If the DISH coloration expires or terminates for any reason, <br />LICENSEE shall no longer be obligated to pay the Additional License Fee <br />for the DISH colocation. <br />F. Pursuant to Section 28A(4) of this Agreement, LICENSEE agrees to pay to <br />LICENSOR a fee for the First Additional Premises set forth in Section 2 of <br />this Agreement (the "First Additional Premises Fee") in the amount of Four <br />Hundred and 00/100 Dollars ($400.00) per month as consideration for the <br />First Additional Premises, beginning upon the commencement of installation <br />of improvements within the First Additional Premises (the "First Additional <br />Premises Effective Date") and continuing thereafter until the earlier of (i) the <br />expiration of the Term; or (ii) termination of the First Additional Premises by <br />LICENSEE, in its sole and absolute discretion, upon thirty (30) days' written <br />notice to LICENSOR. Termination for the First Additional Premises shall be <br />effective upon the removal of all improvements made by the LICENSEE and <br />the restoration of the First Additional Premises to the condition it was in as of <br />the First Additional Premises Effective Date, ordinary wear and tear <br />excepted. On the anniversary of the First Additional Premises Effective Date <br />and on each anniversary of that date thereafter (each a "First Additional <br />Premises Fee Adjustment Date"), the First Additional Premises Fee shall <br />increase by an amount equal to four percent (4%) of the First Additional <br />Premises Fee in effect for the month immediately preceding the applicable <br />First Additional Premises Fee Adjustment Date for so long as such First <br />Additional Premises Fee is payable to LICENSOR as set forth herein. <br />9. GOVERNMENTAL APPROVALS. <br />A. It is understood and agreed that LICENSEE's ability to use the Premises is <br />contingent upon its obtaining all of the certificates, permits and other approvals, <br />Page 3 of 107 <br />