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Site Name: Elk Grove WT <br />AMENDMENT NO. 2 TO THE SITE AGREEMENT <br />Site ID M I11,3887 <br />This Amendment No.2 ("Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain <br />Tower Lease Agreement between Nextel West Corp., a Delaware corporation, ("Tenant") and Village of Elk Grove, an Illinois <br />municipal corporation ("Landlord"), dated June 23, 1989 (the "Agreement") and Amendment No. 1 dated September 22, 2009. <br />BACKGROUND <br />Tenant desires to modify the Agreement for the Premises located at 1141 Hawthorne Lane, to allow Tenant the right to <br />sublease, or sublicense (or otherwise transfer or allow the use of) any and all portions of the Premises, plus allowing its affiliates or <br />joint venture partners to use some portion of the Premises for the deployment of advanced wireless services. <br />AGREEMENT <br />In consideration of the mutual promises between the parties and for other good and valuable consideration the receipt and <br />sufficiency of which is acknowledged, Landlord and Tenant agree as follows: <br />1. Assignment and Subletting. Section 12 of the Agreement is deleted in it entirety and replaced with the following: <br />Tenant will not assign or transfer this Agreement or sublet all or any portion of the Premises without the prior <br />written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, <br />however, that Tenant will have the right, without notice to or consent of Landlord, to sublease (or otherwise transfer <br />or allow the use of) all or any portion of the Premises or assign its rights under this Agreement in whole or in part to <br />any affiliated entity that Tenant or its parent company, Sprint Nextel Corporation, maintains an equity interest in. <br />3. Tenant's Notice Address. Tenant's notice address in Section 1.15 of the Agreement is hereby deleted in its entirety and <br />replaced with the following: <br />Sprint/Nextel Property Services <br />Mailstop KSMM101-22650 <br />6391 Sprint Parkway <br />Overland Park, Kansas 66251-2650 <br />With a mandatory copy to: Sprint/Nextel Law Department <br />Mailstop KSOPHT0101-22020 <br />6391 Sprint Parkway <br />Overland Park, Kansas 66251-2020 <br />Attn.: Real Estate Attorney" <br />4. General Terms and Conditions. <br />(a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the <br />terms contained in the Agreement. <br />(b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and <br />conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth below, all provisions of the <br />Agreement are ratified and remain unchanged and in full force and effect. <br />(c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. <br />(d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and <br />perform their respective obligations under this Amendment. <br />N <br />