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REV: 04-01-24 SK (b) Whether or not Licensor has elected to recover the sums set forth in subsection (a) above, terminate this Temporary License on at least five (5) days' notice to Licensee and, on the date specified in such notice, this Temporary License and the term hereby demised and all rights of Licensee hereunder shall expire and terminate and Licensee shall thereupon quit and surrender possession of the demised Licensed Area to Licensor in the condition elsewhere herein required in which event Licensee shall remain liable to Licensor as herein provided. (c) Exercise any and all rights and remedies under law and equity. The following will be deemed a default by Licensor and a breach of this Temporary License: (i) Licensor’s failure to provide access to the Licensed Area as required by Section 7, above, within twenty-four (24) hours after receipt of written notice of such failure; (ii) Licensor’s failure to cure an interference problem to the extent required by and pursuant to the terms and conditions of Section 5.2 of this License; or (iii) Licensor’s failure to perform any term, condition or breach of any warranty or covenant under this Temporary License within thirty (30) days after receipt of written notice from Licensee specifying the failure, or, if such default cannot be remedied in such period, Licensor does not commence such efforts or acts as shall be necessary to remedy the default and continue to prosecute such efforts and/or acts to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensor. If Licensor remains in default beyond any applicable cure period, Licensee will have: (i) the right to cure Licensor’s default and to deduct the costs of such cure from any monies due to Licensor from Licensee, and (ii) any and all other rights available to it under law and equity. 9. TERMINATION BY LICENSEE OR LICENSOR. 9.1 Following the Effective Date, and except as otherwise provided herein this Temporary License may be terminated by Licensee in the following circumstances: 9.1.1 Immediately terminate this Temporary License upon written notice to Licensor in the event that (i) any applications for such Government Approvals should be finally rejected; (ii) any Government Approval issued to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) Licensee determines that such Government Approvals may not be obtained in a timely manner; (iv) Licensee determines any structural analysis is unsatisfactory; 9.1.2 Upon ninety (90) days prior written notice to Licensor for any reason or no reason, and, if such notice is delivered within the Term, then upon payment to Licensor of a termination fee equal to fifty percent (50%) of the monthly License Fee at the then current rate, provided, however, that no such termination fee will be payable on account of the termination of this Temporary License by Licensee under any other termination provision expressly set forth in this License. 9.1.3 Upon Licensee terminating in accordance with this Section, Licensee shall surrender and vacate the Licensed Area and deliver possession thereof to Licensor on or before the termination date in the condition required under this Temporary License for surrender of the Licensed Area. 9.1.4 Notwithstanding the foregoing, in the event that a Licensee Event of Default ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 13 of 31)