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FACILITIES <br />This Agreement authorizes but does not require TCC to construct any of the Facilities on <br />the Property, and TCC may, in its sole discretion, determine which of the Facilities, if any, to <br />construct on the Property, as shown on the attached Exhibit 1 W. TCC shall notify Owner prior to <br />commencement of construction of any Facilities on the Property, and similarly, if TCC elects or is <br />required to remove the Facilities, it shall notify Owner prior to removing same. <br />Such Facilities as TCC elects to construct shall be located approximately as generally depicted <br />on Exhibit 1 W <br />III. TERM <br />This Agreement and the rights granted herein shall be for a primary term of twenty (20) <br />years from the date first above-written (Primary Term), with aone-time right granted to TCC to <br />renew for an additional five (5) year term, if TCC so elects (Extension Term). Both parties agree <br />that they will negotiate in good faith for additional extensions, if any are required beyond the <br />twenty-five year period. <br />TCC may terminate this Agreement at its sole discretion at any time by giving written <br />notice to the Owner, provided that TCC shall not give such notice prior to removal of all portions <br />of the Facilities other than those permitted to remain. <br />IV.. CONSIDERATION <br />As consideration for the rights granted herein by Owner in this Agreement, TCC shall pay <br />Owner the sum of Two Hundred -Fifty Dollars ($250.00) upon execution of this Agreement and <br />on or before each succeeding anniversary date, during the Primary Term. In the event that this <br />Agreement is renewed for the Extension Term, TCC shall advise Owner in writing and payments <br />will continue in the same amount and shall be made on or before the date of the Extension Term <br />and or before each anniversary date throughout the Extension Term. <br />This payment shall be the full and complete consideration due Owner for all rights <br />granted by Owner in this Agreement, except as noted in the above paragraph, and TCC shall <br />have no other liability to Owner for its use of the Property, except as provided in the <br />Indemnification Section and Damages Section below. <br />V. TITLE <br />Owner represents and warrants to TCC that Owner has title to the surface estate of the <br />Property sufficient to grant the Agreement and rights granted herein, and Owner covenants to <br />defend the title against any adverse claim which could interfere with TCC's exercise of its rights <br />hereunder. <br />For the purpose of this Section only, any adverse claim or interest to the title or in the <br />Property which, if valid, would subject TCC to liability to a person claiming ownership in an estate <br />in the Property, other than Owner, for the exercise of TCC's rights granted herein, shall be <br />deemed to be an interference with the exercise of TCC's rights hereunder. <br />VI. INDEMNIFICATION AND RELEASE <br />TCC will defend, indemnify and hold harmless Owner against all claims or demands, of <br />any kind or nature, which may be made upon the Owner on account of any accident or injury <br />arising out of TCC's use of the Property. The indemnity and hold harmless obligation of TCC <br />contained in this paragraph shall include claims arising out of the acts or omissions of any third <br />2 <br />