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VzW Site Name/ID: Minc Lino Lakes / 5000094070 <br />2 <br />VzW Firecracker Amendment – June 2, 2025 <br /> <br />5. Right of First Refusal. Notwithstanding anything contained in the Agreement to <br />the contrary, if at any time after the Effective Date, Owner receives an offer or letter of intent, <br />from any person or entity that is in the business of owning, managing or operating communications <br />facilities or is in the business of acquiring landlord interests in agreements relating to <br />communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest <br />in the Leased Property or any portion thereof or to acquire any interest in the Agreement, or an <br />option for any of the foregoing, Owner shall provide written notice to Tenant of said offer <br />(“Owner’s Notice”). Owner’s Notice shall include the prospective buyer’s name, the purchase <br />price being offered, and any other consideration being offered, the other terms and conditions of <br />the offer, a description of the portion of and interest in the Leased Property and/or the Agreement <br />which will be conveyed in the proposed transaction, and a copy of any letters of intent or form <br />agreements presented to Owner by the third-party offeror. Tenant shall have the right of first <br />refusal to meet any bona fide offer of sale or transfer on the terms and conditions of such offer or <br />by effectuating a transaction with substantially equivalent financial terms. If Tenant fails to <br />provide written notice to Owner that Tenant intends to meet such bona fide offer within 60 days <br />after receipt of Owner’s Notice, Owner may proceed with the proposed transaction in accordance <br />with the terms and conditions of such third-party offer, in which event the Agreement shall <br />continue in full force and effect and the right of first refusal described in this Section shall survive <br />any such conveyance to a third party. If Tenant provides Owner with notice of Tenant’s intention <br />to meet the third party offer within 60 days after receipt of Owner’s Notice, then if Owner’s Notice <br />describes a transaction involving greater space than the Tower Property, Tenant may elect to <br />proceed with a transaction covering only the Tower Property and the purchase price shall be <br />prorated on a square footage basis. Further, Owner acknowledges and agrees that if Tenant <br />exercises this right of first refusal, Tenant may require a reasonable period of time to conduct due <br />diligence and effectuate the closing of a transaction on substantially equivalent financial terms of <br />the third-party offer. Tenant may elect to amend the Agreement to effectuate the proposed financial <br />terms of the third party offer rather than acquiring fee simple title or an easement in terest in the <br />Tower Property. For purposes of this Section, any transfer, bequest or devise of Owner's interest <br />in the Leased Property as a result of the death of Owner, whether by will or intestate succession, <br />or any conveyance to Owner’s family members by direct conveyance or by conveyance to a trust <br />for the benefit of family members shall not be considered a sale for which Tenant has any right of <br />first refusal. <br />6. Continued Effect. Except as amended hereby, all of the other terms and conditions <br />of the Agreement shall remain in full force and effect. In the event of a conflict between any term <br />and provision of the Agreement and this First Amendment, the terms and provisions of this First <br />Amendment shall control. In addition, except as otherwise stated in this First Amendment, all <br />initially capitalized terms shall have the same respective defined meaning stated in the Agreement. <br />All captions are for reference purposes only and shall not be used in the construction or <br />interpretation of this First Amendment. <br />7. Ratification and Reaffirmation. Owner and Tenant do hereby ratify, reaffirm, <br />adopt, contract for and agree to be, or continue to be, bound by all of the terms and conditions of <br />the above-referenced Agreement. Except as modified by this First Amendment, all of the terms <br />and conditions of the Agreement are incorporated by reference herein as if set forth at length. It is <br />Page 41 of 171