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2oioo~is5 WHEREAS, Hamilton desires to use a portion of the premises of the Center for Higher Education for constructing a building for the purposes of providing telecommunication services (the "telecommunications building"),' and WHEREAS, College Park and Hamilton desire to enter into this Agreement to define their respective rights, duties and liabilities relating to the use by Hamilton of the premises of the Center for Higher Education. IN CONSIDERATION OE THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Agreement for Use of Space by Hamilton and Grant of. Easement. Hamilton shall have the use of space in the College Park Control Room for wall-mounted data equipment and shared space on the northwest side of the premises far location of a telecommunication building as designated in Attachment A to this Agreement made a part hereof, and a backup generator as required. Utility charges for data equipment shall be included as part of the annual rent paid to College Park by Hamilton. Hamilton shall also have the use,af a non-exclusive right (the "Right of Way").for ingress and egress, seven (7) days a week twenty four (24) hours a day, on foot ar by motor vehicle, over or along the Right of Way extending from the nearest public right-af-way to the premises, and for the installation and maintenance of utility wires, ducts, cables, or conduits, aver, under, or along the Right of Way to the premises being substantially as described in Attachment B attached hereto and made a part hereof. 2. Hamilton shall be responsible far the cost of providing utility service to their telecommunication building as well as for recurring utility charges related to the use of the telecommunications building. 3. This Agreement is contingent upon the parties obtaining any required building permits for the telecommunications structure to be placed on the premises and in the event such permit is not granted for any reason, this Agreement may be declared null and void by Hamilton. 4. Designation and Use_af Premises. Under the terms of this Agreement, College Park shall make available to Hamilton space far wall-mounted data equipment and space far the construction of a concrete pad, the telecommunications building of concrete block ar similar construction, and a locking gate to accommodate a telecommunication building as designated in Attachment A, for the purposes of providing telecommunication services to its clients. Hamilton shall also be entitled to use the parking facilities and