Item 26 - Approve Municipal Facilities License Agreement with T-Mobile West LLC

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Page 11 of 22 6.6.3 Licensor shall install, replace, and maintain the Municipal Facilities and Replacement Facilities authorized to be used by Licensee pursuant to any Supplement in good condition in accordance with Licensor’s standard maintenance requirements. Such maintenance of Municipal Facilities and Replacement Facilities shall be at Licensor’s sole cost and expense, except to the extent this Agreement provides otherwise. If a Municipal Facility or Replacement Facility with Licensee Equipment on it needs to be cleared from the ROW (for example, due to an accident), Licensee shall perform or cause to be performed that work. If Licensee does not remove, repair, replace, or otherwise remediate damage to its Equipment, a Replacement Facility, or to the ROW, Municipal Facilities or other property as required in this Section, the Licensor shall have the option to perform or cause to be performed such removal, repair, or replacement on behalf of Licensee and shall charge Licensee for the actual costs incurred by the Licensor. If such damage causes a public health or safety emergency, as reasonably determined by the Licensor, the Licensor may immediately perform reasonable and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as practicable; provided, such repair work shall not include any technical work on Licensee’s Equipment. Licensor shall have no obligation to maintain or safeguard the Equipment. 6.6.4 Upon the receipt of a written demand for payment accompanied by supporting documentation for payment by the Licensor pursuant to this Section, Licensee shall within forty-five (45) days of such receipt reimburse the Licensor for such costs. 6.7 Change in Equipment. If Licensee desires to install Equipment which is different in any material way from the then-existing and approved Equipment, then Licensee shall first obtain the written approval for the use and installation of such Equipment from an authorized representative of the Licensor. Any such approval shall take the form of an amendment to t he applicable Supplement. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for Equipment changes. Notwithstanding the foregoing, Licensee may maintain, repair, and make like-kind replacements or modifications to any Equipment that do not increase the size, height, and weight of the Equipment or exceed the structural capacity of the Municipal Facility as established in an approved Supplement without requiring additional Applications or Supplements. 6.8 Relocation and Displacement of Equipment. 6.8.1 This Agreement creates no right in Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act or under any existing or future Law upon any termination of tenancy. 6.8.2 Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction and upon ninety (90) days’ prior written notice to Licensee, relocate such Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (b) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47