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REV: 04-01-24 SK exists at the time that Licensee delivers a written notice of termination to Licensor, Licensor shall have all rights and remedies available to Licensor hereunder, and under law and equity. 9.2 In the event that a majority of Licensor’s City Council determines in good faith after a duly noticed public meeting that the Licensed Area is needed by Licensor for its primary purpose, and Licensee’s Communications Equipment cannot reasonably be accommodated elsewhere on the Property pursuant to the relocation provisions set forth in Section 6.9 above, then Licensor shall have the right, upon one (1) month’s prior written notice to Licensee, to terminate this Temporary License. 10. CASUALTY AND CONDEMNATION. 10.1 Licensor will provide notice to Licensee of any casualty or other harm affecting the Property within a reasonable period of the casualty or other harm. If at any time during the Term of this Temporary License all or “substantially all” (meaning the remaining portion thereof shall not be of sufficient size or condition to permit the continuation of Licensee's Permitted Use in a commercially reasonable manner) of the Property or the Communications Equipment upon the Licensed Area shall be damaged and/or destroyed by fire or other casualty in Licensee’s reasonable determination, then Licensee may terminate this Temporary License by providing written notice to Licensor, which termination shall be effective as of the date of such damage and/or destruction, and whereupon Licensee shall be entitled to collect all insurance proceeds payable on account thereof and to the reimbursement of any prepaid License Fee, to be apportioned as of the termination date. If Licensee elects not to so terminate this Temporary License, Licensee may, within a reasonable period (a) install temporary wireless communication facilities within the Licensed Area or other mutually agreeable location on the Property (which are not larger than the Communications Equipment) to the extent necessitated by any such damage, (b) make suitable repairs to the Communications Equipment and the Licensed Area necessitated by any such damage, and/or (c) request Licensor’s cooperation to identify an alternative site suitable for replacement of Licensee’s Communications Equipment, which cooperation Licensor shall use reasonable efforts to provide, subject to Licensor’s primary use of the Property for servicing the water needs of the community. If Licensor or Licensee undertakes to rebuild or restore the Licensed Area and/or the Communications Equipment, as applicable, Licensor agrees to permit Licensee to place temporary transmission and reception facilities on the Property at no additional License Fee until the reconstruction of the Licensed Area and/or the Communications Equipment is sufficiently completed to allow resumption of the use of the Communications Equipment and provision of the services contemplated by this License. Licensor agrees that the License Fee shall be abated until the Property and/or the Licensed Area are sufficiently rebuilt or restored to allow resumption of the use of the Communications Equipment and provision of the services contemplated by this Temporary License, unless Licensee places temporary transmission and reception facilities on the Property. 10.2 If at any time during the Term of this Temporary License all or “substantially all” (as described in the preceding subsection 10.1) of the Licensed Area or the improvements located on the Property shall be taken in the exercise of the power of eminent domain by any governmental or other authority, or by deed in lieu of condemnation, then Licensee may terminate this Temporary License by providing written notice to Licensor, which termination shall be effective as of the date of the vesting of title in such taking and any prepaid License Fee shall be apportioned as of said ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 14 of 31)