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REV: 10-28-2021 MI <br />requirements of others authorized to use the same Municipal Facilities of City <br />existing as of the Installation Date. From and after the Installation Date, City will <br />not permit the installation of any third party’s equipment in or on the Municipal <br />Facilities if the City knows or has reason to believe that such use will interfere, or <br />is likely to interfere with, Licensee’s Equipment. In the performance and exercise <br />of its rights and obligations under this MLA, Licensee must not interfere in any <br />manner with the existence and operation of any existing (as of the Installation Date) <br />public or private rights-of-way, sanitary sewers, water mains, storm drains, gas <br />mains, poles, aerial and underground electrical and telephone wires, electroliers, <br />cable television and telecommunications facilities, utilities, existing and future <br />licensed municipal communication frequencies, or existing and future Municipal <br />Facilities, without the express approval of the owner or owners of the affected <br />property or properties, except as authorized by applicable Laws or this MLA. If <br />such interference should occur, Licensee shall discontinue using the Equipment, <br />methodology or technology that causes the interference until Licensee takes <br />corrective measures to eliminate such interference. In the event that such <br />interference does not cease promptly, the Parties acknowledges that continuing <br />interference may cause irreparable injury and harm, and therefore, in addition to <br />any other remedies, and without limitation of any other remedy, the non-interfering <br />party shall be entitled to seek temporary and permanent injunctions against the <br />breach of this Subsection. <br />3.4.Disconnect Switch. Licensee shall install a disconnect device at <br />each Municipal Facility on which it installs Equipment pursuant to an SLA so that <br />in case of emergency or if Licensee abandons its Equipment as determined by City, <br />the City may disconnect such Equipment from its power source and safely shut it <br />down. <br />3.5.Compliance with Laws. Licensee will comply with all applicable <br />Laws, including regulations and PUC General Orders, in the exercise of its rights <br />and the performance of its obligations under this MLA. <br />3.6.No Authorization to Install Unauthorized Equipment or <br />Provide Other Services. Licensee represents that its Equipment installed pursuant <br />to this MLA will be used solely for the purpose of providing the Services, and <br />Licensee will not install unauthorized Equipment for any purpose or use its <br />authorized Equipment to offer or provide any other services. Licensee’s failure to <br />comply with these limitations will constitute a material breach of this MLA. If City <br />discovers any Equipment has been installed on Municipal Facilities without <br />authorization pursuant to an SLA, City may send an invoice to Licensee for a sum <br />equal to five (5) times the then-current Annual Fee as compensation for the <br />unauthorized attachments, and, within sixty (60) days from the date of such invoice, <br />Licensee shall (i) pay the invoiced amount to City and submit an Application for <br />the unauthorized Equipment, or (ii) produce documentation showing City’s prior <br />approval of the Equipment identified in the invoice. If, in accordance with this <br />Section, Licensee fails to pay all fees and submit the Application or submit <br />documentation satisfactorily showing City’s prior approval within sixty (60) days <br />of City’s invoice, City may remove the unauthorized Equipment at Licensee’s <br />ATTY/AGR.2021.273/ExteNet Systems (Page 5 of 28)