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2 <br />TMO Site ID: A1N0928A <br />TMO Lease ID: 86587 <br />If to Tenant: <br />T-Mobile USA, Inc. <br />12920 SE 38th Street <br />Bellevue, WA 98006 <br />Attn: Lease Compliance/ A1N0928A <br />If to Landlord: <br />City of Hugo <br />14669 Fitzgerald Ave. North <br />Hugo, MN 55038 <br />7.Any charges payable under the Lease other than Rent shall be billed by Landlord to <br />Tenant within twelve (12) months from the date in which the charges were incurred or <br />due; otherwise, the same shall be deemed time-barred and be forever waived and <br />released by Landlord. <br />8.Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified. <br />To the extent any provision contained in this First Amendment conflicts with the terms of <br />the Lease, the terms and provisions of this First Amendment shall control. Each reference <br />in the Lease to itself shall be deemed also to refer to this First Amendment. <br />9.This First Amendment may be executed in duplicate counterparts, each of which will be <br />deemed an original. Signed electronic, scanned, or facsimile copies of this First <br />Amendment will legally bind the Parties to the same extent as originals. <br />10.Each of the Parties represents and warrants that it has the right, power, legal capacity and <br />authority to enter into and perform its respective obligations under this First Amendment. <br />Landlord represents and warrants to Tenant that the consent or approval of a third party <br />has either been obtained or is not required with respect to the execution of First <br />Amendment. If Landlord is represented by any property manager, broker or any other <br />leasing agent (“Agent”), then (a) Landlord is solely is responsible for all commission, fees <br />or other payment to Agent and (b) Landlord shall not impose any fees on Tenant to <br />compensate or reimburse Landlord for the use of Agent, including any such commissions, <br />fees or other payments arising from negotiating or entering into this First Amendment or <br />any future amendment. <br />11.This First Amendment will be binding on and inure to the benefit of the Parties herein, <br />their heirs, executors, administrators, successors-in-interest and assigns. <br />TMO Signatory Level: L06/SL06 <br />NLG-120136