Common use of Charge and Payment Clause in Contracts

Charge and Payment. Commencing within 30 days of the EFFECTIVE DATE, COMPANY shall pay CITY the payment due, paid annually, for each of the respective individual ANTENNA FACILITIES at each respective PROPERTY as described herein . For clarity, each ANTENNA FACILITY at each separate PROPERTY constitutes its own USE CHARGE based on the number of antennae for each PROPERTY in accordance with . For example, the initial annual USAGE CHARGE for each of the individual ANTENNA FACILITIES described in this AGREMMENT is as follows: Property 1 - $43,118; Property 2 - $43,118; Property 3 - $43,118; Property 4 - $43,118. The USE CHARGE will increase per annum in accordance with . COMPANY shall make all payments to CITY at the following address: City of San ▇▇▇▇ Real Estate Services Office of Economic Development ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, 12th Floor San Jose, CA 95113-1905 Initial payment by COMPANY for adjustments made for addition of antennas, pursuant to shall be due and payable at the address set forth above on the date CITY approves placement of said additional antennas on the ANTENNA FACILITIES and shall reimburse COMPANY for adjustments reflecting removal of antenna(s) no later than sixty (60) days after CITY is notified by COMPANY in writing of the completion of such removal. Adjustments to reflect removal of antenna(s) shall be prorated to reflect the portion of the Term Year remaining after CITY receives said written notice of the removal. telecommunication facilities within the city limits of the City of San ▇▇▇▇, the purpose of facilitie acceptance and execution of such an adjustment or modification to the rate schedule for macro telecommunication facilities is subject to approval by the San Jose City Council telecommunication facilities. Should the MARKET ANALYSIS result in a lower USE CHARGE than i beginning the first (1st) of the month following the COUNCIL APPROVAL of the new rate schedule, COMPANY shall pay the new USE CHARGE in accordance with the new rate schedule, including but not limited to any annual rate escalations. The USE CHARGE will be due monthly and payable as outlined in this AGREEMENT. Should the MARKET ANALYSIS result in a higher USE CHARGE than is currently due in accordance with shall be no adjustment to the USE CHARGE, all The CITY shall provide written notice to the COMPANY of any adjustment to the USE CHARGE within thirty (30) days following COUNCIL APPROVAL to the address as

Charge and Payment. Commencing within 30 days of the EFFECTIVE DATE, COMPANY shall pay CITY the payment due, paid annually, an annual fee for each LICENSED AREA in accordance with the CITY’s Usage Fee Schedule as shown in Exhibit “A” and subject to annual adjustment as provided below (“USAGE FEE”). The USAGE FEE shall be determined by either (i) the effective RF power output; (ii) the coverage area actually reached by the Antennae Facility installed within the License Area; (iii) the signal strength of the respective individual ANTENNA FACILITIES at Antennae Facility installed within the LICENSED AREA; (iv) the amount of data that will or can be transmitted by the Antennae Facility installed within each respective PROPERTY as described herein LICENSED AREA and/or (v) the amount of physical space used within the LICENSED AREA. For clarityThe USAGE FEE will automatically be adjusted in accordance with Section B.2 below upon the increase (but not the decrease) in the effective RF power output, coverage area, signal strength, data transmission capacity or the amount of physical space used by the Antennae Facility. The initial payment shall be due and payable in advance on each ANTENNA FACILITY at each separate PROPERTY constitutes its own USE CHARGE based on SLA Effective Date and shall be prorated for the number of antennae months remaining until June 30 of the year, thereafter the USAGE FEE for each PROPERTY LICENSED AREA shall be due and payable in accordance full and in advance on July 1st of each year to coincide with . For example, the initial annual USAGE CHARGE City’s fiscal year for each of the individual ANTENNA FACILITIES described in this AGREMMENT is as follows: Property 1 - $43,118; Property 2 - $43,118; Property 3 - $43,118; Property 4 - $43,118. The USE CHARGE will increase per annum in accordance with such LICENSED AREA without offset. COMPANY shall make all payments to CITY at the following addressaddress below or such other address as CITY may designate upon no less than ten (10) business days advance notice: City of San ▇▇▇▇ Real Estate Services Office of Economic Development ▇▇▇ ▇▇▇▇ . ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, 12th Floor San JoseJosé, CA 95113-1905 95113 Initial payment by COMPANY for adjustments made for addition of antennasantennae (if any), pursuant to Exhibit “B” shall be due and payable at the address set forth above on the date CITY approves placement of said additional antennas on the ANTENNA FACILITIES and shall reimburse COMPANY for adjustments reflecting removal of antenna(s) no later than sixty (60) days after CITY is notified by COMPANY in writing first day of the completion of such removal. Adjustments to reflect removal of antenna(s) month following the SLA EFFECTIVE DATE and shall be prorated to reflect the portion number of months remaining until the next June 30th which represents the end of the Term Year remaining after CITY receives said written notice of the removal. telecommunication facilities within the city limits of the City of San ▇▇▇▇, the purpose of facilitie acceptance and execution of such an adjustment or modification to the rate schedule for macro telecommunication facilities is subject to approval by the San Jose City Council telecommunication facilities. Should the MARKET ANALYSIS result in a lower USE CHARGE than i beginning the first (1st) of the month following the COUNCIL APPROVAL of the new rate schedule, COMPANY shall pay the new USE CHARGE in accordance with the new rate schedule, including but not limited to any annual rate escalations. The USE CHARGE will be due monthly and payable as outlined in this AGREEMENT. Should the MARKET ANALYSIS result in a higher USE CHARGE than is currently due in accordance with shall be no adjustment to the USE CHARGE, all The CITY shall provide written notice to the COMPANY of any adjustment to the USE CHARGE within thirty (30) days following COUNCIL APPROVAL to the address asCity’s fiscal year.

Charge and Payment. Commencing within 30 days of the EFFECTIVE DATE, COMPANY shall pay CITY the payment due, paid annually, in accordance with the CITY’s Rate Schedule as shown in EXHIBIT “E” for each of the respective individual ANTENNA FACILITIES at each respective PROPERTY or PROPERTIES as described herein (“USE CHARGE”). For clarity, each ANTENNA FACILITY at each separate PROPERTY constitutes its own USE CHARGE based on the number of antennae for or amount of “ground space” occupied at each PROPERTY in accordance with EXHIBIT “E”. For example, the initial annual USAGE USE CHARGE for each of the individual ANTENNA FACILITIES described in this AGREMMENT is as follows: Property 1 - $43,118$ ; Property 2 - $43,118; Property 3 - $43,118; Property 4 - $43,118$ _ . The USE CHARGE will increase per annum annually on the ADJUSTMENT DATE, as defined below, in accordance with EXHIBIT “E”. COMPANY shall make all payments to CITY at the following address: City of San ▇▇▇▇ Real Estate Services Office of Economic Development ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, 12th Floor San Jose, CA 95113-1905 Initial payment by COMPANY for adjustments made for addition of antennas, pursuant to EXHIBIT “E” shall be due and payable at the address set forth above on the date CITY approves placement of said additional antennas on the ANTENNA FACILITIES and shall be prorated to reflect the remainder of the year of the TERM (“TERM YEAR”). CITY shall reimburse COMPANY for adjustments reflecting removal of antenna(s) no later than sixty ninety (6090) days after CITY is notified by COMPANY in writing of the completion of such removal. Adjustments to reflect removal of antenna(s) shall be prorated to reflect the portion of the Term Year TERM YEAR remaining after CITY receives said written notice of the removal. telecommunication facilities within the city limits of the City of San ▇▇▇▇, the purpose of facilitie acceptance and execution of such an adjustment or modification to the rate schedule for macro telecommunication facilities is subject to approval by the San Jose City Council telecommunication facilities. Should the MARKET ANALYSIS result in a lower USE CHARGE than i beginning the first (1st) of the month following the COUNCIL APPROVAL of the new rate schedule, COMPANY shall pay the new USE CHARGE in accordance with the new rate schedule, including but not limited to any annual rate escalations. The USE CHARGE will be due monthly and payable as outlined in this AGREEMENT. Should the MARKET ANALYSIS result in a higher USE CHARGE than is currently due in accordance with shall be no adjustment to the USE CHARGE, all The CITY shall provide written notice to the COMPANY of any adjustment to the USE CHARGE within thirty (30) days following COUNCIL APPROVAL to the address as.