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

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Page 12 of 22 alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor within the ninety (90) days, Licensor shall be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor. 6.8.3 To the extent the Licensor has actual knowledge thereof, the Licensor will attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on which any Equipment is located. 6.9 Unauthorized Equipment. If Licensor discovers any Equipment has been installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may send an invoice to Licensee for a sum equal to five (5) times the then-current License Fee (or Alternate License Fee, if applicable) as compensation for the unauthorized attachments, and, within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to Licensor and submit an Application for the unauthorized Equipment, or (ii) produce documentation showing Licensor’s prior approval of the Equipment identified in the invoice. If, in accordance with this Section, Licensee fails to pay all fees and submit the Application or submit documentation satisfactorily showing Licensor’s prior approval within sixty (60) days of Licensor’s invoice, Licensor may remove the unauthorized Equipment at Licensee’s expense. If Licensor removes such unauthorized Equipment, such Equipment shall become the property of Licensor, who shall have sole rights over such Equipment’s disposition. Licensor’s removal of unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees accruing pursuant to this Section. 6.10 Termination of a Supplement. 6.10.1 Licensee shall have the right to terminate any Supplement on thirty (30) days’ notice to Licensor. In the event of such termination, removal of Equipment associated with the terminated Supplement shall be governed by S ection 6.11 below and Licensor shall retain any License Fee (or Alternate License Fee, if applicable) paid. 6.10.2 Licensor shall have the right to terminate any Supplement in the following circumstances: (a) if, after installation, Licensor determines the covered Equipment has been inoperative or abandoned for sixty (60) consecutive days, and Licensee does not provide an adequate explanation or commence to cure within thirty (30) days following notice; (b) if Licensee’s operation under a particular Supplement is deemed by Licensor to endanger or pose a threat to the public health, safety or welfare or interfere with the normal day-to-day operation of any Licensor department or service; or (c) Licensor is mandated by Law, a court order or decision, or the federal, state, or local government to take certain actions that will cause or require the removal of any Equipment. 6.11 Removal of Equipment. Within thirty (30) days after the expiration or earlier termination of a Supplement, Licensee shall promptly, safely and carefully remove the Equipment covered by the terminated or expired Supplement from the applicable Municipal Facility and ROW. Within thirty (30) days after the expiration or earlier termination of the Agreement, DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47