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REV: 10-28-2021 SK 5.8.(iii)Replacement Facility Installation. If Licensee is performing Make Ready Work, Licensee shall be responsible for providing and installing any approved Replacement Facility. 5.9.Damage, Maintenance, and Repair. 5.9.(i) Licensee shall, at its sole cost and expense and to the satisfaction of the City: (a) remove, repair, or replace any of its Equipment that is damaged or becomes detached; and/or (b) repair any damage to Public Rights-of-Way, Municipal Facilities, or other property, whether public or private, caused by Licensee, its agents, employees, or contractors in their actions relating to attachment, operation, repair, or maintenance of Equipment. Licensee shall complete such removal, repair, or replacement within thirty (30) days’ of written notice. 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. ATTY/AGR.2021.274/New CIngular Wireless/AT10 (Page 10 of 27)