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1. RECITALS: The foregoing recitals are true and correct and are incorporated <br /> herein by this reference. <br /> 2. REMOVAL OF TERMINATION DATE. Lessor and Lessee agree that the <br /> last sentence of Paragraph 2 of the First Amendment, to wit: "Notwithstanding the <br /> foregoing,this Agreement shall terminate no later than October 31,2012. is hereby deleted <br /> in its entirety. <br /> 3. INCORPORATION OF LEASE TERMS. Lessor and Lessee agree that <br /> except as modified by this•Second Amendment all of the terms set forth in the Lease are <br /> hereby incorporated into this Second Amendment and said terms shall govern Lessee's <br /> month-to-month occupancy of the Premises. All defined terms used in this Second <br /> Amendment shall have the meanings ascribed to them in the Lease, unless otherwise <br /> specifically defined herein. <br /> 4. AUTHORITY. Lessor and Lessee each respectively represent that the <br /> person executing this Agreement on behalf of such party has full right,power and authority <br /> so to do,and the same constitutes the legal,valid and binding obligation of such party fully <br /> enforceable in accordance with the terms hereof. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Second <br /> Amendment as of the date first above written. <br /> LESSOR: LESSEE: <br /> CITY OF PLEA NTON, T-MOBLE WEST LLC, <br /> a municipal c rpo ion a Delaware limited liability co „any f <br /> By` — — <br /> Nelson Fialho,City Manager <br /> Name: Daniel.Paul <br /> Area Director;Network Eng=OPS <br /> Title: _ <br /> APPROVED AS TO FORM: <br /> egal ppro:a' <br /> nathan Lowe rney - Kevi Brinkley <br /> ATTES <br /> as ‘ILCL <br /> e Diaz,CityCleJ <br /> Site#: BA02107 <br /> Site Name:.Kottinger <br /> Market: San Francisco <br /> 2 <br />