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REV: 10-28-2021 MI <br />expense. If City removes such unauthorized Equipment, such Equipment shall <br />become the property of City, who shall have sole rights over such Equipment’s <br />disposition. City’s removal of unauthorized Equipment shall not release Licensee <br />from its obligation to pay those invoiced fees accruing pursuant to this Section. <br />4.COMPENSATION; UTILITY CHARGES. Licensee is solely <br />responsible for the payment of all fees in connection with Licensee’s performance under <br />this MLA, including those set forth below. <br />4.1.Annual Fee. In order to compensate City for Licensee’s use of <br />Municipal Facilities, Licensee will pay to the City an annual fee (“Annual Fee”) or <br />Alternate Annual Fee, as applicable, for each SLA in the amount determined in <br />accordance with Exhibit “B”, attached hereto and incorporated herein. Licensee <br />acknowledges and agrees that the Annual Fee is a reasonable approximation of the <br />direct and actual costs incurred by the City as a result of Licensee’s use of <br />Municipal Facilities. The initial payment of the Annual Fee or Alternate Annual <br />Fee, as applicable, for each SLA shall be made within sixty (60) days of the <br />Installation Date. Subsequent payments of the Annual Fees or Alternate Annual <br />Fees, as applicable, will be paid on the Anniversary Date of this MLA. Acceptance <br />by City of any payment of any Annual Fees or Alternate Annual Fees shall not be <br />deemed a waiver by City of any breach of this MLA occurring prior thereto, nor <br />will the acceptance by City of any such payment preclude City from later <br />establishing that a greater amount was actually due or from collecting any balance <br />that is due. <br />4.1.1 Delinquent Payment. A five percent (5%) late fee shall be <br />added to the Annual Fee or Alternate Annual Fee, as applicable, if not received by <br />the City within ten (10) calendar days after the due date. In addition, all unpaid fees <br />shall accrue interest on the amount due at the rate of five percent (5%) until paid in <br />full. All late fees and interest payments shall be treated as part of, and subject to the <br />same terms as, the Annual Fee under this MLA. <br />4.1.2 Additional Remedies. The late fee set forth in Section 4.1.1 <br />above is not exclusive, and does not preclude the City from pursuing any other or <br />additional remedies in the event that payments become overdue by more than thirty <br />(30) days. <br />4.2.Electricity Charges. The Equipment must have its own electrical <br />meter. Licensee is solely responsible for the payment to the utility service provider <br />of all electrical utility charges that are attributable to the Equipment’s usage of <br />electricity, including the cost of installing meters for any item of Equipment. <br />Notwithstanding the foregoing, City, if feasible and subject to City’s prior written <br />approval, which shall not be unreasonably withheld, will provide Licensee with use <br />and access to City’s existing power supply, conduit or other form of infrastructure <br />for the delivery of power to a Municipal Facility to allow Licensee to obtain <br />electricity for the operation of Licensee’s Equipment with such electricity being <br />paid for by Licensee, and subject to City charges and a separate agreement for <br />access to conduit or other form of infrastructure. Notwithstanding the foregoing, <br />ATTY/AGR.2021.273/ExteNet Systems (Page 6 of 28)