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Services. (The activities set forth in this Section 2.1 shall hereinafter be referred to as <br />the "Project "). Said use shall be on a non - exclusive basis. <br />2.2 This Agreement shall not be construed to permit construction, installation, <br />maintenance or use of the Telecom Facilities on any property other than the Licensed <br />Areas. <br />3. No Warrantv of Suitabilitv of Proaerty. <br />It is the Company's election to install and maintain the Telecom Facilities at the <br />Property and the Company does so solely at its own risk. The City makes no <br />representations or warranties regarding the suitability, condition or fitness of the <br />Property for the installation, maintenance or use of the Telecom Facilities and the <br />Company does so at its own risk. The Company acknowledges and agrees that the <br />Company is accepting the Property in an "AS IS" condition and that the City has not <br />agreed to undertake or provide any improvements to the Property. <br />4. Term of the Use Agreement <br />4.1 Term The term of this Agreement ( "Term ") shall commence upon the <br />Effective Date and continue for five (5) years, expiring at 11:59 p.m. on the fifth (5th) <br />June 30 ( "Expiration Date "), unless earlier terminated pursuant to the terms of this <br />Agreement. The initial period ( "Initial Period ") of the Term shall be from the Effective <br />Date to the following June 30. The anniversary date ( "Anniversary Date ") shall <br />thereafter be July 1. <br />4.2 Option to Extend The Company shall have the option to extend the <br />Term for one additional five (5) year period ( "Option Period ") on the same terms, <br />covenants and conditions that are contained in this Agreement. The Company may <br />exercise its Option Period by giving the City written notice no later than one hundred <br />and eighty (180) days prior to the Expiration Date. The City shall increase the Use <br />Charge during the Option Period in the manner as provided in Section 5 , below. <br />5. Use Charge <br />5.1 Charge and Payment Commencing upon the Effective Date, the <br />Company shall pay the City the sum of <br />Dollars ($ ) for the Initial Period, calculated in accordance with the City's <br />Rate Schedule as shown in Exhibit F and subject to an annual adjustment effective <br />each Anniversary Date as provided below ( "Use Charge "). The Use Charge shall be <br />due and payable in full on the Anniversary Date without offset, in advance. <br />2 <br />