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REV: 10-26-2021 SK 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 set forth in this section may be declared by the City (by providing written notice to Licensee after expiration of the 60-day period) to have become its sole and exclusive property, after which the City may utilize or dispose of the Equipment in any manner allowed by law. Alternatively, the City may elect to take title to the abandoned property, and Licensee shall submit to the City an instrument satisfactory to the City transferring to the City the ownership of such property. The provisions of this section shall survive the expiration or termination of this MLA. 5.11.Risk of Loss. Licensee acknowledges and agrees that Licensee bears all risks of loss or damage of its Equipment and materials installed on Municipal Facilities or in the Public Way pursuant to this MLA from any cause ATTY/AGR.2021.268/Crown Castle (Page 11 of 28)