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Commencement Date (as defined below). If the Lessee does not meet the requirements referenced in Subparagraph 5(a) below by June 30, 2009 and Lessee has diligently pursued such requirements, Landlord shall refund any rental payment made by the Lessee and this Lease shall terminate. In addition to the annual rental, Lessee agrees to timely pay any personal property tax, real property tax, or any other tax or fee which is directly attributable to the presence or installation of the Antenna Facilities. Governmental Approval Contingency 5.. (a)Lessee Application. Lessee's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. (b)Interference Study. Since no wireless transmitting and/or receiving equipment is being installed, an interference study shall not be required. (c)Non-approval. In the event that any application necessary under Subparagraph 5(a) above is finally rejected or any certificate, permit, license, or approval issued to Lessee is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Lessee, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Lessee shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 4(b) above. Notice of Lessee's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 15(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. Term and Renewals. 6. The "Initial Term" of this Lease shall commence on the earlier of (i) the date Lessee commences installation of the Communications Equipment and its related utilities, or (ii) three (3) months after the Effective Date. The Initial Term shall expire on December 31 following the third anniversary of the Commencement Date of the Lease. Subject to the terms and conditions of this Lease, Lessee shall have the right to extend this Lease for six (6) additional three (3) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term and of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Lessee sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 23 of this Lease. Lessee's Use 7.. 2