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REV: 10-28-2021 MI 5.9.(ii) City shall maintain and keep the Municipal Facilities authorized to be used by Licensee pursuant to any Site License Agreement (other than any Replacement Facilities) in good condition in accordance with City’s standard maintenance requirements. Such maintenance of Municipal Facilities shall be at City’s sole cost and expense, except to the extent this Agreement provides otherwise. In the event that a Replacement Facility needs to be cleared from the Public Rights-of-Way, City shall conduct this work. In the event a Replacement Facility needs to be replaced or repaired during the SLA Term applicable to the Replacement Facility, Licensee shall conduct this work at Licensee’s own expense. In this case, Licensee will notify City by contacting the Public Works Right-of-Way Superintendent at (650) 780-7464 before beginning the work. 5.9.(iii) If Licensee does not remove, repair, replace, or otherwise remediate such damage to its Equipment, a Replacement Facility, or to the Public Rights-of-Way, Municipal Facilities or other property as required in this Section 5.9, the City shall have the option to perform or cause to be performed such removal, repair, or replacement on behalf of Licensee and shall charge Licensee for the actual costs incurred by the City. If such damage causes a public health or safety emergency, as reasonably determined by City, City may immediately perform reasonable and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as practicable; provided, however, that such repair work shall not include any technical work on Licensee’s Equipment. City shall have no obligation to maintain or safeguard the Equipment. 5.9.(iv) Upon the receipt of a demand for payment by the City pursuant to this Section 5.9, Licensee shall within thirty (30) days of such receipt reimburse the City for such costs. 5.9.(v) The terms of this Section 5.9 shall survive the expiration termination of this Agreement. 5.10.Removal of Equipment. Within sixty (60) days after abandonment of any Municipal Facility or expiration or termination of an SLA, Licensee shall, at Licensee’s sole cost and expense, promptly, safely, and carefully remove the Equipment covered by the expired or terminated SLA from the applicable Municipal Facility and/or Public Way. Within sixty (60) days after the expiration or earlier termination of this MLA, Licensee shall promptly, safely, and carefully remove all Equipment from all applicable Municipal Facilities and the Public Way. If Licensee fails to remove the Equipment, City is entitled, but not obligated, to remove and dispose of the Equipment and charge Licensee for the actual cost and expense, including, without limitation, administrative costs, upon sixty (60) days written notice to Licensee. Licensee shall pay to the City actual costs and expenses incurred by the City in performing any removal work and any storage of Licensee’s property after removal within sixty (60) days of the date of a written demand for this payment from City. In lieu of removal at Licensee’s sole cost and expense, any Equipment that is abandoned and not removed by Licensee within the time frames ATTY/AGR.2021.273/ExteNet Systems (Page 11 of 28)