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File No. 8769 <br />DASM <br />Mayfield Tower (18-08) <br />WHEREAS, it has once again become necessary to amend the Site License <br />Agreement to update the Equipment List to include the addition of a Generator and transfer <br />switch iFwhen needed, and to address the shared cost and annual maintenance of the updated <br />equipment; and <br />WHEREAS, Licensee and Licensor desire to amend the Site License Agreement as more <br />fully set forth below. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of <br />which are hereby acknowledged, the parties hereby agree as follows: <br />1. The Site License Agreement is hereby amended by adding Exhibit "B-2" , a copy of <br />which is attached hereto and incorporated herein by reference. Exhibit "B-2" identifies the <br />generator and the transfer switch. <br />2. That Article XI, LICENSEE'S DUTIES, shall be amended to include the following <br />paragraph: <br />H. Contract with vendor to perform annual maintenance on the generator, identified <br />in Exhibit "B-2". <br />Licensee agrees to pay fifty percent (50%) of the replacement cost and fifty percent <br />(50%) of the annual maintenance of the generator and transfer switch with the <br />Licensor agreeing to pay the remaining fifty percent (50%) of the replacement cost <br />and fifty percent 50% of the annual maintenance expense. MARCS shall cause the <br />vendor performing the annual maintenance to invoice the Licensee and the Licensor <br />in accordance with this provision. At such time as the generator is required to be <br />repaired or replaced in its entirety, MARCS shall contract for the repair or <br />replacement and Licensee and Licensor agree to split the costs of such repair or <br />replacement with each paying fifty percent (50%) of the expense. MARCS shall <br />cause the vendor performing the repair or replacement to invoice Licensee and <br />Licensor in accordance with this provision. <br />3. The Second Amendment acknowledges that the Site License Agreement as amended <br />has been renewed and at present has been automatically renewed for an additional two (2) year <br />term which began on July 1, 2023, and shall run through June 30, 2025. <br />4. This Second Amendment may be executed in two or more counterparts, each of <br />which shall be deemed an original, but all of which taken together shall constitute one and the <br />same original. <br />4898-2763-8021, v. 1 <br />