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3 <br /> landscaping or preservation scheme regarding vegetation surrounding the Premises (a <br /> "Vegetative Buffer"), Lessor hereby agrees to such proposal and to comply with the <br /> terms of such Vegetative Buffer requirement, including the timely execution of any <br /> additional documents necessitated thereby, for the Term and any Renewal Term(s) of this <br /> Lease, at no additional cost to Lessor. Lessor shall be responsible, at Lessor's cost, for <br /> the maintenance and replacement, if necessary, of vegetation that is existing within such <br /> Vegetative Buffer at the time such Vegetative Buffer is required as a condition of the <br /> Government Approval. Lessee and Lessor hereby agree that Lessee shall be responsible, <br /> at Lessee's cost, for the installation and maintenance, during the Term and any Renewal <br /> Term(s) of this Lease, of any supplemental plantings required by such Government <br /> Approval (the "Supplemental Landscaping"). Lessor hereby consents to Lessee's <br /> installation and maintenance of the Supplemental Landscaping and hereby grants Lessee <br /> sufficient easement rights over, under and across the Parent Parcel as reasonably <br /> necessary to accomplish the same, whether or not such Supplemental Landscaping is <br /> located within the Premises." <br /> The remainder of Paragraph 2 remains unchanged. <br /> 4. Use of the tower by Lessor. Paragraph 6 of the Agreement is hereby modified to <br /> add the following sub-paragraph as Paragraph 6 (e): <br /> "Pursuant to Orange County Zoning Ordinance §5.10.6, Lessor may collocate its wireless <br /> facilities on the tower at no charge to the Lessor. Lessee shall provide accommodation for <br /> installation of any Lessor service/safety cellular and/or wireless equipment on the tower as <br /> reasonably requested by Lessor, in a location determined by Lessee. Such installation shall be <br /> rent free, provided that Lessor shall be responsible for the cost of procurement, installation and <br /> maintenance of the equipment and utility consumption. Lessee shall also provide ground space <br /> for Lessor's ground equipment within the Premises." <br /> The remainder of Paragraph 6 remains unchanged. <br /> 5. Agreement in Full Force. Except as expressly amended hereby, all terms and <br /> conditions of the Agreement shall remain in full force and effect, and, in the event of <br /> any inconsistencies between this Amendment and the terms of the Agreement, the <br /> terms set forth in this Amendment shall govern and control. The covenants, <br /> representations and conditions in the Agreement are mutual and dependent. <br /> 6. Counterparts. This Amendment may be executed in one or more counterparts <br /> which shall be construed together as one document. <br /> 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this <br /> Amendment (i) shall be binding upon and shall inure to the benefit of each of the <br /> parties and their respective successors, assigns, receivers and trustees; and (ii) may be <br /> modified or amended only by a written agreement executed by each of the parties. <br /> NC0326 First Amendment <br /> Page 2 <br />