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<br />203193300.19 -22- <br /> <br />4.2 Delays in Approval: The following constitute delay (“Participating City Delay”) for which <br />Operator is entitled to an extension in the Agreed Site Permit Submission Dates and the Agreed <br />Completion Dates: <br />4.2.1 Identification of Sites. If, notwithstanding fulfillment of Operator’s obligations under <br />the Coordination Agreement regarding community engagement, field work and <br />outreach, Operator fails to identify, by a date that is not less than 2 months prior to the <br />Agreed Site Permit Submission Date for a Phase, 75% of the Sites required for such <br />Phase, such Sites being both viable and acceptable to the Participating Cities and the <br />applicable communities, or Operator fails to identify, by a date that is not less than 1 <br />month prior to such Agreed Site Permit Submission Date, the remaining 25% of the <br />Sites required for such Phase, such Sites being both viable and acceptable to the <br />Participating Cities and the applicable communities, then such Agreed Site Permit <br />Submission Date shall be extended by any reasonably necessary additional period <br />required by Operator to identify a sufficient number of viable and acceptable Sites for <br />such Phase. <br />4.2.2 Issuance of Site Permits. If Operator timely submits complete applications for the Site <br />Permits for any Phase by the applicable Agreed Site Permit Submission Date but the <br />Participating Cities fail to issue Site Permits for 75% of the Stations by the date that is <br />3 months prior to the Scheduled Phase Completion Date for such Phase other than on <br />account of errors or omissions by Operator or valid reasons for denial, then such failure <br />shall constitute Participating City Delay and Operator shall have the right to delay <br />submission of applications for Site Permits for the next following Phase until a <br />reasonable period after the Participating Cities issue Site Permits for 75% of the <br />Stations for such Phase. <br />4.2.3 Installation Scheduling Permits. If the period of time for the Participating Cities to <br />issue Installation Scheduling Permits exceeds, on average, 7 days after final submission <br />of the required materials by Operator, or if more than 25% of the Installation <br />Scheduling Permits are issued 14 days or longer after final submission of the required <br />materials, other than on account of errors or omissions by Operator or valid reasons for <br />denial, then the Agreed Completion Dates shall be extended to reflect any reasonably <br />necessary additional period required by Operator to complete the Phases. <br /> <br /> <br /> <br />RESERVED <br /> <br /> <br />IMPROVEMENTS, MAINTENANCE, REPAIR AND OPERATION <br />6.1 Operator shall establish and maintain during the Term prompt and efficient procedures for <br />handling complaints from the public for which Operator receives a Notification. Such procedures shall be <br />consistent with all applicable laws, rules and regulations and the provisions of this Section. Such