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6.4.2 Replacement Facility Provision. <br />Licensee shall be responsible for providing and installing any approved Replacement <br />Facility. <br />6.5 Damage, Maintenance & Repair. <br />6.5.1 Licensee shall, at its sole cost and expense and to the satisfaction of the <br />Licensor: (a) remove, repair or replace any of its Equipment that is damaged or becomes detached; <br />and/or (b) repair any damage to ROW, Municipal Facilities, or other property, whether public or <br />private, caused by Licensee, its agents, employees or contractors in their actions relating to <br />attachment, operation, repair or maintenance of Equipment. Licensee shall complete such removal, <br />repair, or replacement within thirty (30) days' of written notice, unless time is extended by <br />Licensor in writing, in its discretion, because Licensee has demonstrated that more time is required <br />for the repairs. <br />6.5.2 For every ten (10) Municipal Facilities in use by Licensee, Licensee shall <br />provide Licensor one (1) Replacement Facility for storage, 'Lip to a maximum of five (5) <br />Replacement Facilities ("Replacement Facility(ies)"). Licensor shall store the Replacement <br />Facilities free of charge. Licensee shall retrieve all Replacement Facilities within sixty (60) days <br />of the expiration or earlier termination of this Agreement. <br />6.5.3 Licensor shall install, replace, and maintain the Municipal Facilities and <br />Replacement Facilities authorized to be used by Licensee pursuant to any Supplement in good <br />condition in accordance with Licensor's standard maintenance requirements. Such maintenance <br />of Municipal Facilities and Replacement Facilities shall be at Licensor's sole cost and expense, <br />except to the extent this Agreement provides otherwise. If a Municipal Facility or Replacement <br />Facility with Licensee Equipment on it needs to be cleared from, the ROW (for example, due to an <br />accident), Licensor shall perform or cause to be performed that work. If Licensee does not remove, <br />repair, replace, or otherwise remediate damage to its Equipment, a Replacement Facility, or to the <br />ROW, Municipal Facilities or other property as required in this Section, the Licensor shall have <br />the option to perform or cause to be performed such removal, repair, or replacement on behalf of <br />Licensee and shall charge Licensee for the actual costs incurred by the Licensor. If such damage <br />causes a public health or safety emergency, as reasonably determined by the Licensor, the Licensor <br />may immediately perform reasonable and necessary repair or removal work on behalf of Licensee <br />and will notify Licensee as soon as practicable; provided, such repair work shall not include any <br />technical work on Licensee's Equipment. Licensor shall have no obligation to maintain or <br />safeguard the Equipment and shall not be responsible for any loss or damage to Licensee's <br />Equipment. <br />6.5.4 Upon the receipt of a written demand for payrnent accompanied by <br />supporting documentation for payment by the Licensor pursuant to this Section, Licensee shall <br />within forty. -five (45) days of such receipt reimburse the Licensor for such costs. <br />6.6 Change in Equipment. If Licensee desires to install Equipment which is different <br />in any material way from the then -existing and approved Equipment, then Licensee shall first <br />obtain the written approval for the use and installation of such Equipment from an authorized <br />Page 9 of 22 <br />190735027_1 <br />