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REV: 04-01-24 SK <br />6.10.2 Should Licensor reasonably determine in its sole discretion, that, for reasons <br />besides a Force Majeure, some or all of Licensee’s Communications Equipment need to be <br />relocated in order to accommodate Licensor’s use of the Property (i) to provide for the <br />community’s needs, or (ii) because of changed natural conditions of the Property, including <br />without limitation, earth movement and erosion, warrant relocation: <br />(a) Licensor shall provide Licensee a Relocation Notice which provides <br />Licensee at least 90 days’ written notice of Licensee’s need to remove all portions of its <br />Communications Equipment requested to be relocated by Licensor from the Licensed Area and to <br />commence to relocate its Communications Equipment. Prior to providing Licensee a Relocation <br />Notice, Licensor and Licensee shall meet and confer for the purpose of identifying potential <br />Relocation Premises, and Licensor shall notify Licensee of such potential Relocation Premises or <br />the lack thereof in the Relocation Notice. <br />(b) If Relocation Premises are available, Licensor, at Licensor’s sole <br />cost, shall provide a survey of the Relocation Premises (including the access and utility easements) <br />to supplement Exhibits “A” hereto and become a part hereof, and the Relocation Premises shall <br />be considered the Licensed Area for all purposes hereunder. Licensee shall remove all portions of <br />its Communications Equipment s requested to be relocated by Licensor from the Licensed Area <br />and commence to relocate its Communications Equipment on or before the deadline established <br />by the Relocation Notice, and Licensee shall diligently prosecute the relocation of its <br />Communications Equipment to the Relocation Premises to completion. <br />(c) If in Licensee or Licensor’s sole reasonable judgment no suitable <br />Relocation Premises is available, that Party shall have the right to terminate this Temporary <br />License upon written notice to the other Party, without penalty. In the event of such termination, <br />any prepaid License Fee shall be reimbursed to Licensee on a pro rata basis. <br />(d) Licensor shall, prior to providing such written notice of the need to <br />relocation, make reasonable efforts to keep Licensee informed about Licensor’s consideration of <br />whether Licensor may require such relocation. <br />(e) Licensor may not require Licensee to relocate pursuant to this <br />Section 6.10.2 more than twice during the Term. <br />(f) For any relocation of the Communications Equipment made <br />pursuant to this Section 6.10.2, 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 />Governmental Approvals necessary for the relocation of Licensee’s Communications Equipment <br />to the Relocation Premises. <br />ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 11 of 31)