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Page 5 of 22 <br />the “Term.” Any holding over after the termination or expiration of the Term shall constitute a <br />default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of <br />fees from Licensee. <br />2.2 Supplement Term. Unless otherwise specified in a Supplement, the initial term <br />for each particular Supplement shall begin on its effective date (“Supplement Effective Date”) <br />and shall end upon the expiration of the Initial Term, or the Renewal Term, if validly exercised, of <br />this Agreement, unless such individual Supplement is earlier terminated or this Agreement is <br />extended or terminated, as provided for herein (the “Supplement Term”). All of the provisions <br />of this Agreement shall be in effect during the Supplement Term. The expiration or termination <br />of the Agreement under Section 2.1 shall immediately terminate all Supplements. Any holding <br />over after the expiration of the Supplement Term shall constitute a default by Licensee, <br />notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee. <br />3. REPRESENTATION CONCERNING SERVICES; TERMINATION WITHOUT CAUSE. Licensee <br />represents, warrants and covenants that its Equipment installed pursuant to this Agreement and <br />each Supplement will be utilized so lely for providing the Services, and Licensee is not authorized <br />to and shall not use its Equipment to offer or provide any other services not specified herein <br />without Licensor consent . At any time that Licensee ceases to operate as a provider of Services <br />under Federal or State Law, the Licensor shall have the option, in its sole discretion and upon six <br />(6) months’ written notice to Licensee, to terminate this Agreement and to require the removal of <br />Licensee’s Equipment from the ROW and from Municipal Facilities, including the cost of any site <br />remediation, at no cost to the Licensor, without any liability to Licensee related directly or <br />indirectly to such termination. <br />4. SCOPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an <br />approved Supplement. Any and all rights expressly granted to Licensee under this Agreement shall <br />be exercised at Licensee’s sole cost and expense, and shall be subject to the restrictions and <br />cond itions set forth herein. <br />4.1 Attachment to Municipal Facilities. Subject to the conditions herein, the <br />Licensor hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, <br />control, remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal <br />Facilities located in the ROW for the purpose of providing Services. <br />4.1.1 Licensee will submit to the authorized representative of the Licensor an <br />application substantially in the form of Exhibit B (“Application”) hereto including a proposed <br />design for any proposed Equipment installations that identifies both the Equipment and the <br />Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility. <br />4.1.2 Licensor may approve, approve with conditions, or disapprove an <br />Application in its sole discretion, provided however, Licensor shall not unreasonably delay its <br />decision. Any approved Equipment shall be included as part of the applicable Supplement. <br />4.1.3 If Licensee submits an Application to use a Municipal Facility that is <br />structurally inadequate to accommodate its proposed Equipment, Licensor may permit the <br />replacement of the Municipal Facility (a “Replacement Facility”) with one that is acceptable to <br />DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47