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REV: 12-20-2022 JB pursuing renewal or resurrection of such authorization and there is a reasonable likelihood that it will succeed in doing so. 5.2 Termination. The City may terminate this Agreement by giving thirty (30) days written notice of termination upon the occurrence of any of the following: 5.2.1 Reasonable determination by City that the provisions herein interfere with the use or disposal of the Public Rights-Of-Way or any part thereof by City. Where only a portion of Company’s Facilities interfere with the use or disposal of the Public Rights-Of-Way, the City, at its sole discretion, may elect to require Company to relocate the said portion in accordance with Article 6 of this Agreement. 5.2.2 For failure, neglect, or refusal by the Company to fully and promptly comply with any and all of the conditions of this Agreement, or for nonuse in accordance with Section 6.2 herein, unless Company confirms within thirty (30) days of receipt of the notice that the cited condition has ceased, been corrected or, where a cure subject to the City’s agreement, is diligently being pursued by the Company; 5.2.3 An order entered by a court of competent jurisdiction approving a petition in bankruptcy or ordering the dissolution, winding up or liquidation of Company or appointing a custodian, receiver, trustee, or other officer to administer a substantial part of Company’s property. 5.2.4 The revocation, expiration, or other loss of applicable permits or authorizations required by City, state, or federal law for the continued use, maintenance, or operation of the Facilities where such loss is not cured within thirty (30) days after receipt of the notice or, where such loss cannot reasonably be cured within thirty (30) days, Company fails to promptly begin such cure and thereafter diligently pursue correction to cure the loss, and advises City within such thirty (30) days of the anticipated timeline for completion of the cure. 5.3 Termination by Company. Company may, in its sole discretion, provide thirty (30) days’ written notice to City that Company elects to discontinue occupation of City Public Rights-of- Way and terminate the Agreement, subject to compliance with removal/abandonment requirements and other obligations that survive the termination of Agreement. 5.4 Occupancy/Removal/Abandonment upon Termination. If the Agreement is terminated pursuant to Section 5.2 or 5.3, Company shall discontinue use of the Facilities immediately upon termination of this Agreement and within one hundred and twenty (120) days after termination of this Agreement, Company shall either completely remove the Facilities at Company’s sole cost and expense or, with City approval, abandon the Facilities in place, unless, for terminations pursuant to 5.2, continued use is otherwise authorized under Cal. Pub Util § 7901 or Company has another lawful basis for remaining in the Public Rights-Of-Way. The provisions of Articles 6.2-6.4 shall govern any such removal or abandonment. Notwithstanding the foregoing, the City Engineer may require such shorter period as is reasonably necessary to address exigent circumstances and may authorize a longer period if it is in the public interest. If Company fails to remove the Facilities within the prescribed time period and the City has not approved abandonment in place, the City may remove the Facilities at the expense of Company, and Company shall promptly reimburse the City for any and all expenses, including but not limited to administrative, legal, and consultant costs, within thirty (30) days after receiving an invoice from the City. ATTY/AGR.2022.405/Mobilitie, LLC (Page 8 of 21)