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REV: 10-28-2021 SK
<br />5.10.Removal of Equipment. Within sixty (60) days after abandonment
<br />of any Municipal Facility or expiration or termination of an SLA, Licensee shall,
<br />at Licensee’s sole cost and expense, promptly, safely, and carefully remove the
<br />Equipment covered by the expired or terminated SLA from the applicable
<br />Municipal Facility and/or Public Way. Within sixty (60) days after the expiration
<br />or earlier termination of this MLA, Licensee shall promptly, safely, and carefully
<br />remove all Equipment from all applicable Municipal Facilities and the Public Way.
<br />If Licensee fails to remove the Equipment, City is entitled, but not obligated, to
<br />remove and dispose of the Equipment and charge Licensee for the actual cost and
<br />expense, including, without limitation, administrative costs, upon sixty (60) days
<br />written notice to Licensee. Licensee shall pay to the City actual costs and expenses
<br />incurred by the City in performing any removal work and any storage of Licensee’s
<br />property after removal within sixty (60) days of the date of a written demand for
<br />this payment from City. In lieu of removal at Licensee’s sole cost and expense, any
<br />Equipment that is abandoned and not removed by Licensee within the time frames
<br />set forth in this section may be declared by the City (by providing written notice to
<br />Licensee after expiration of the 60-day period) to have become its sole and
<br />exclusive property, after which the City may utilize or dispose of the Equipment in
<br />any manner allowed by law. Alternatively, the City may elect to take title to the
<br />abandoned property, and Licensee shall submit to the City an instrument
<br />satisfactory to the City transferring to the City the ownership of such property. The
<br />provisions of this section shall survive the expiration or termination of this MLA.
<br />5.11.Risk of Loss. Licensee acknowledges and agrees that Licensee
<br />bears all risks of loss or damage of its Equipment and materials installed on
<br />Municipal Facilities or in the Public Way pursuant to this MLA from any cause
<br />including acts or omissions of any third parties be they invitees, trespassers or other
<br />persons, or caused or resulting from any storms, floods, fires, earthquakes, wars,
<br />civil disturbances, criminal acts or other events beyond the control of the Parties.
<br />The City does not warrant, guarantee, or insure the uninterrupted use of such
<br />Municipal Facilities by Licensee, and the City shall not be liable for any cost of
<br />repair to damaged Equipment, including, without limitation, damage caused by the
<br />City’s removal of the Equipment, except to the extent that such loss or damage was
<br />caused by the willful misconduct or gross negligence of the City, including, without
<br />limitation, each of its elected officials, department directors, managers, officers,
<br />agents, employees, and contractors, subject to the limitation of liability provided in
<br />Section 6.3 below.
<br />5.12.Inspection. City may conduct inspections of Equipment on
<br />Municipal Facilities. Except in circumstances where City has special reason to be
<br />concerned about potential violations or in case of an emergency, City will give
<br />Licensee thirty (30) days’ prior written notice of such inspections, and Licensee
<br />shall have the right to be present at and observe any such inspections. Licensee shall
<br />pay City for its reasonable costs for safety inspections performed for the purpose
<br />of determining if a safety violation of which City has provided notice to Licensee
<br />has been corrected by Licensee.
<br />5.13. Access. Prior to Licensee accessing its Equipment for non-
<br />emergency purposes, Licensee shall provide notice to City at least twenty-four (24)
<br />hours in advance. In the event of an emergency at any time, Licensee will, if time
<br />ATTY/AGR.2021.274/New CIngular Wireless/AT11 (Page 11 of 27)
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