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expiration of the applicable appeal period(s), file a Request for Dismissal with Prejudice of the Action, thereby terminating the Action. c. Impact of City Approval of Less Than Seven Revised Permit Applications — No Waiver or Dismissal. If the City's final action is to approve less than seven (7) of the Revised Permit Applications, then the City's approval of a Revised Permit Application will replace the Denial of the earlier Permit Application for that site. With regard to any Revised Permit Applications denied by the City by final action and any Denials that are not replaced by a final action on the corresponding Revised Permit Application (the "Denied Sites"), the Parties shall reserve all arguments with respect to the Denied Site, including but not limited to the claims and arguments set forth in the Crown Castle Letter and the Complaint in the Action, except for a denial (if any) of a Revised Permit Application that involves a public hearing before a Hearing Officer on appeal. The Parties agree that any decision on a Revised Permit Application made by a Hearing Officer at a noticed public hearing is final and will replace the Denial of the earlier Permit Application for that site. d. The Parties further agree that, under either scenario outlined at subdivisions (b) and (c) above, Crown Castle will retain the right to challenge any denial of a Revised Permit Application on the merits, regardless of whether that denial is by final action of the Director or of a Hearing Officer on appeal. e. In the event, following City action on the Revised Permit Applications, claims remain as to certain Denied Sites, the Parties will promptly make appropriate filings to narrow the scope of the Action only to Denied Sites that remain the subject of Denials. If there are no such Denied Sites, (i) Crown Castle will instead (a) withdraw its Letter and (b) agree in writing not to invoke California Government Code section 65964.1 with respect to either the Permit Applications or the Revised Permit Applications; and (ii) City shall, within ten (10) business days of the expiration of the applicable appeal period(s), file a Request for Dismissal with Prejudice of the Action, thereby terminating the Action. Crown Castle shall retain all rights and arguments described above with respect any of the Denied Sites until the conclusion of any relevant appeals periods. 8. Decommissioning of Existing Poles at Revised Locations. The Parties agree and acknowledge that there are existing poles located near to the Revised Locations as shown on Exhibit A (the "Existing Poxes"), which are currently owned by Southern California Edison ("SCE") and are a part of SCE's ongoing "buy back" program, in which City is a participant. For Revised Permit Applications that are approved, the Parties agree and acknowledge that SCE and/or City will be responsible for completing the procedures required by the "buy back" program to decommission the Existing Poles, and for removing the Existing Poles, separately and independently from the installation of the City Poles at the Revised Locations by Crown Castle. The Parties also agree to cooperate with regard to the decommissioning and removal of the Existing Poles at such Locations. The Parties further agree that Crown Castle will have no responsibilities or exposure to liability relating to any use, decommissioning, or removal of the Existing Poles. 1129494.1 VLA 397510-00002/12-19-18/ah.bsb -6-