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<br />intends to install in the Public Rights-of-Way, notwithstanding original installation or by way of
<br />equipment type changes. The City may approve or disapprove of the use of the different
<br />equipment from the specifications set forth in Exhibit A, pursuant to the factors enumerated in
<br />5.2 above, and such approval shall not be unreasonably withheld.
<br />
<br />5.11 Removal of Equipment. Upon sixty (60) days' written notice by the City pursuant to the
<br />expiration or earlier termination of this Use Agreement for cause, NextG shall promptly, safely
<br />and carefully remove the Equipment from all Municipal Facilities and Public Rights-of-Way.
<br />Such obligation of NextG shall survive the expiration or earlier termination of this Use
<br />Agreement. If NextG fails to complete this removal work on or before the sixty (60) days
<br />subsequent to the issuance of notice pursuant to this Section, then the City, upon written notice to
<br />NextG, shall have the right at the City's sole election, but the obligation, to perform this removal
<br />work and charge NextG for the actual costs and expenses, including, without limitation,
<br />reasonable administrative costs. NextG shall pay to the City actual costs and expenses incurred
<br />by the City in performing any removal work and any storage of NextG's property after removal
<br />within ten (10) business days of the date of a written demand for this payment from the City.
<br />After the City receives the reimbursement payment from NextG for the removal work performed
<br />by the City, the City shall return to NextG the property belonging to NextG and removed by the
<br />City pursuant to this Section at no liability to the City in a reasonable and timely manner. If the
<br />City does not receive reimbursement payment from NextG within such ten (10) business days, or
<br />if City does not elect to remove such items at the City's cost after NextG's failure to so remove
<br />prior to sixty (60) days subsequent to the issuance of notice pursuant to this Section, any items of
<br />NextG's property remaining on or about the Public Rights-of-Way, Municipal Facilities, or stored
<br />by the City after the City's removal thereof may, at the City's option, be deemed abandoned and
<br />the City may dispose of such property in any manner by Law. Alternatively, the City may elect
<br />to take title to abandoned property, provided that NextG shall submit to the City an instrument
<br />satisfactory to the City transferring to the City the ownership of such property. The provisions of
<br />this Section shall survive the expiration or earlier termination of this Use Agreement.
<br />
<br />5.12Removal of Unused or Inoperable Equipment. Upon fifteen (15) days' written notice by
<br />the City, NextG shall promptly, safely and carefully remove inoperable or unused Equipment
<br />from all Municipal Facilities and Public Rights-of-Way. Such obligation of NextG shall survive
<br />the expiration or earlier termination of this Use Agreement. If NextG fails to complete this
<br />removal work on or before thirty (30) days subsequent to the issuance of notice pursuant to this
<br />Section, then the City, upon written notice to NextG, shall have the right at the City's sole
<br />election, but the obligation, to perform this removal work and charge NextG for the actual costs
<br />and expenses, including, without limitation, reasonable administrative costs. NextG shall pay to
<br />the City actual costs and expenses incurred by the City in performing any removal work and any
<br />storage of NextG's property after removal within ten (10) business days of the date of a written
<br />demand for this payment from the City.
<br />
<br />5.13Risk of Loss. NextG acknowledges and agrees that NextG bears all risks of loss or damage
<br />of its Equipment and materials installed in the Public Rights-of-Way or on Municipal Facilities
<br />pursuant to this Use Agreement from any cause, that it shall be responsible for any damage to the
<br />Public Rights of Way or Municipal Facilities caused by the installation of Equipment and the City
<br />shall not be liable for any cost of repair to damaged Equipment, including, without limitation,
<br />damage caused by the City's removal of the Equipment, except to the extent that such loss or
<br />damage was solely caused by the willful misconduct or negligence of the City, including, without
<br />limitation, each of its elected officials, department directors, managers, officers, agents,
<br />employees, and contractors, subject to the limitation of liability provided in § 6.2 below.
<br />
<br />Right-of-Way Use Agreement
<br />City of Redwood City:: NextG Networks of California, Inc.
<br />page 9 of15
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