Common use of Non-Binding Until Fully Executed Clause in Contracts

Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. The following Exhibits are attached to and made a part of this Agreement: Exhibits A (Site Description), B (Memorandum of PCS Site Agreement) and ____________________________________. Lessor: NTCHCOMET-Idaho,Inc, an Idaho corporation. By:_____________________________ Its:___President-NTCHCOMET-Idaho,Inc. S.S./Tax No.: ▇▇-▇▇▇▇▇▇▇ Address: ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇. ▇▇▇▇▇ Date:______________________________ Cc ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇,▇▇▇ ▇▇▇▇▇ LESSEE LEASING COMPANY, a Delaware corporation By: ________________________________________ Its: ____________________________ _____________ Date:___________________________ _____________ Attach Exhibit A - Site Description and Exhibit B - Memorandum of PCS Site Agreement Site Name Canyon TF102 PCS Site Agreement Site I. D. SFO3UB_____________ Site situated in the City of _Twin Falls_____________________, County of _Twin Falls________________, State of _Idaho_______________ commonly described as follows: Legal Description: APN#: 10S16E127210 Part of SE ¼ of Section ▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇▇▇ 16 East, B.M. Twin Falls County, Idaho. Sketch of Site: To be added once drawings are approved and signed off by Lessor. Lessor Initials Lessee Initials__________________________ Note: Lessor and Lessee may, at Lessee’s option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as-built drawing depicting the Site. *[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.] Site Name Canyon TF-102 PCS Site Agreement Site I. D. SFO3UB_____________ This memorandum evidences that a lease was made and entered into by a written PCS Site Agreement dated ________________, _____ , between ____ NTCHCOMET-Idaho, Inc____________________________ (”Lessor”) and Lessee Leasing Company, a Delaware corporation_______________________________ (”Lessee”). Such Agreement provides in part that Lessor leases to Lessee a certain site (“Site”) located at 3919 N 2700 East,__________, City of Twiin Falls____________, County of _ Twin Falls_____________________________, State of _ Idaho____________________, within the property of Lessor which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on __________________, _____, which term is subject to four (4) additional five (5) year extension periods by Lessee.

Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. The following Exhibits are attached to and made a part of this Agreement: Exhibits A (Site Description), B (Memorandum of PCS Site Agreement) and ____________________________________. Lessor: NTCHCOMETNTCH-Idaho,Inc, an Idaho corporation. By:_____________________________ Its:___President-NTCHCOMETNTCH-Idaho,Inc. S.S./Tax No.: ▇▇-▇▇▇▇▇▇▇ Address: ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇. ▇▇▇▇▇ Date:______________________________ Cc ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇,▇▇▇ ▇▇▇▇▇ LESSEE LEASING COMPANY, a Delaware corporation By: ________________________________________ Its: ____________________________ _____________ Date:___________________________ _____________ Attach Exhibit A - Site Description and Exhibit B - Memorandum of PCS Site Agreement Site Name Canyon TF102 PCS Site Agreement Site I. D. SFO3UB_____________ Site situated in the City of _Twin Falls_____________________, County of _Twin Falls________________, State of _Idaho_______________ commonly described as follows: Legal Description: APN#: 10S16E127210 Part of SE ¼ of Section ▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇▇▇ 16 East, B.M. Twin Falls County, Idaho. Sketch of Site: To be added once drawings are approved and signed off by Lessor. Lessor Initials Lessee Initials__________________________ Note: Lessor and Lessee may, at Lessee’s option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as-built drawing depicting the Site. *[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.] Site Name Canyon TF-102 PCS Site Agreement Site I. D. SFO3UB_____________ This memorandum evidences that a lease was made and entered into by a written PCS Site Agreement dated ________________, _____ , between ____ NTCHCOMETNTCH-Idaho, Inc____________________________ (”Lessor”) and Lessee Leasing Company, a Delaware corporation_______________________________ corporation (”Lessee”). Such Agreement provides in part that Lessor leases to Lessee a certain site (“Site”) located at 3919 N 2700 East,__________, City of Twiin Falls____________, County of _ _Twin Falls_____________________________, State of _ _Idaho____________________, within the property of Lessor which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on __________________, _____, which term is subject to four (4) additional five (5) year extension periods by Lessee.