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REV: 04-01-24 SK (a) Licensor shall provide Licensee at least ninety (90) days’ written notice of Licensee’s need to remove all portions of its Communications Equipment requested to be relocated by Licensor from the Licensed Area and to commence to relocate its Communications Equipment (“Relocation Notice”). Within fifteen (15) business days following Licensor’s delivery of the Relocation Notice to Licensee, Licensor and Licensee shall make good faith efforts to meet and confer for the purpose of identifying potential relocation premises on the Property that may be suitable for the Communications Equipment (“Relocation Premises”) and, Licensor shall notify Licensee of such potential Relocation Premises or the lack thereof, either in the Relocation Notice or thereafter. (b) If Relocation Premises are available, Licensor shall provide a survey of the Relocation Premises (including the access and cabling routes) to supplement Exhibit “B” hereto and become a part hereof, and the Relocation Premises shall be considered the Licensed Area for all purposes hereunder. Licensee shall reimburse Licensor for the cost, actually incurred by Licensor, of such survey within thirty (30) business days of Licensee’s receipt of Licensor’s invoice accompanied by reasonable substantiation. Licensee shall remove all portions of its Communications Equipment requested to be relocated by Licensor from the Licensed Area and commence to relocate its Communications Equipment on or before the deadline established by the Relocation Notice, and Licensee shall diligently prosecute the relocation of its Communications Equipment to the Relocation Premises to completion at its sole cost and expense. (c) If in Licensee’s sole reasonable judgment no suitable Relocation Premises is available, Licensee shall have the right to terminate this Temporary License upon written notice to Licensor, without penalty. In the event of such termination, any prepaid License Fee shall be reimbursed to Licensee on a pro rata basis. Licensor shall, prior to providing such written notice of the need to relocate, make reasonable efforts to keep Licensee informed about Licensor’s consideration of whether Licensor may require such relocation. (d) For any relocation of the Communications Equipment made pursuant to this Section 6.10.1, the following terms and conditions shall also apply (subject to application provisions of this Temporary License, e.g., the default provisions): (i) such relocation will be performed exclusively by Licensee or its agents; (ii) such relocation will not unreasonably result in any interruption of the communications service of Licensee on the Property; (iii) such relocation will not impair, or in any manner alter, the quality of communications service provided by Licensee on and from the Property; (iv) Licensee shall have the right to bring and operate a temporary cell site in a mutually agreeable location on the Property for 90 days, and if more time is needed, Licensee shall seek the City Manager or their designee’s consent to continue using the temporary cell site; and (v) the City shall reasonably and fully cooperate with the timely issuance of all Governmental Approvals necessary for the relocation of Licensee’s Communications Equipment to the Relocation Premises. (e) For the purposes of Section 6.9, “Force Majeure” means an event such as an act of God, war, terrorism, fire, earthquake, windstorm, flood, pandemic, local or national emergency, or other natural catastrophe, civil disturbance or disobedience, labor dispute, vandalism, sabotage, or restraint by order of a court or administrative agency with jurisdiction. ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 10 of 31)