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REV: 03-25-24 LF <br />6.9 Licensor may require Licensee to relocate its Communications Equipment in order <br />to ensure that Licensor may continue to use the Property for its primary purpose, under the terms <br />set forth in this Section 6.9 (including Sections 6.9.1 and 6.9.2). <br />6.9.1 In the event of any Force Majeure (defined below) which Licensor determines in <br />its sole reasonable discretion requires some or all of Licensee’s Communications Equipment to be <br />relocated in order to accommodate Licensor’s use of the Property to provide for the community’s <br />needs: <br />(a)Licensor shall provide Licensee at least ninety (90) days’ written <br />notice of Licensee’s need to remove all portions of its Communications Equipment requested to <br />be relocated by Licensor from the Licensed Area and to commence to relocate its Communications <br />Equipment (“Relocation Notice”). Within fifteen (15) business days following Licensor’s <br />delivery of the Relocation Notice to Licensee, Licensor and Licensee shall make good faith efforts <br />to meet and confer for the purpose of identifying potential relocation premises on the Property that <br />may be suitable for the Communications Equipment (“Relocation Premises”) and, Licensor shall <br />notify Licensee of such potential Relocation Premises or the lack thereof, either in the Relocation <br />Notice or thereafter. <br />(b)If Relocation Premises are available, Licensor shall provide a survey <br />of the Relocation Premises (including the access and cabling routes) to supplement Exhibit “B” <br />hereto and become a part hereof, and the Relocation Premises shall be considered the Licensed <br />Area for all purposes hereunder. Licensee shall reimburse Licensor for the cost, actually incurred <br />by Licensor, of such survey within thirty (30) business days of Licensee’s receipt of Licensor’s <br />invoice accompanied by reasonable substantiation. Licensee shall remove all portions of its <br />Communications Equipment requested to be relocated by Licensor from the Licensed Area and <br />commence to relocate its Communications Equipment on or before the deadline established by the <br />Relocation Notice, and Licensee shall diligently prosecute the relocation of its Communications <br />Equipment to the Relocation Premises to completion at its sole cost and expense. <br />(c)If in Licensee’s sole reasonable judgment no suitable Relocation <br />Premises is available, Licensee shall have the right to terminate this License upon written notice <br />to Licensor, without penalty. In the event of such termination, any prepaid License Fee shall be <br />reimbursed to Licensee on a pro rata basis. Licensor shall, prior to providing such written notice <br />of the need to relocate, make reasonable efforts to keep Licensee informed about Licensor’s <br />consideration of whether Licensor may require such relocation. <br />(d)For any relocation of the Communications Equipment made <br />pursuant to this Section 6.9.1, the following terms and conditions shall also apply (subject to <br />application provisions of this License, e.g., the default provisions): (i) such relocation will be <br />performed exclusively by Licensee or its agents; (ii) such relocation will not unreasonably result <br />in any interruption of the communications service of Licensee on the Property; (iii) such relocation <br />will not impair, or in any manner alter, the quality of communications service provided by Licensee <br />on and from the Property; (iv) Licensee shall have the right to bring and operate a temporary cell <br />site in a mutually agreeable location on the Property for 90 days, and if more time is needed, <br />Licensee shall seek the City Manager or their designee’s consent to continue using the temporary <br />cell site; and (v) the City shall reasonably and fully cooperate with the timely issuance of all <br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 11 of 46)