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REV: 04-01-24 SK <br />Fee Payment”), payable together with the License Fee due hereunder. Within ten (10) days after <br />Licensor’s execution of this Temporary License, Licensor shall provide to Licensee copies of the <br />last six (6) months of utility invoices for Licensor’s electrical usage at the Property, to determine <br />the base line average of Licensor’s electrical usage. The initial monthly Flat Fee Payment shall be <br />an amount equal to One Thousand Two Hundred and no/100 Dollars ($1,200). Licensor and <br />Licensee may request in writing to the other party that the Flat Fee Payment be audited at any time <br />during the Term, but not more than twice during the Term. Within thirty (30) days of such request, <br />which request shall specify the period of time which is in dispute, whether made by Licensor or <br />Licensee, Licensor shall provide the Licensee its actual invoices from the applicable local utility <br />provider for the disputed time period and the requesting party shall complete the audit within thirty <br />(30) days from Licensee’s receipt of the actual invoices (the last day of such 30 day period being <br />the “audit end date”). If it is determined that Licensee’s actual electrical usage during the disputed <br />period actually exceeded the Flat Fee Payment, Licensee shall deliver to Licensor the amount of <br />such underpayment within thirty (30) days of the audit end date and the Flat Fee Payment shall be <br />increased in proportion to the undercharged amount for the remainder of the term. If it is <br />determined that Licensee’s Flat Fee Payment during the disputed period actually exceeded <br />Licensee’s actual electrical usage, Licensor shall reimburse to Licensee the amount of such <br />overpayment within thirty (30) days of the audit end date and the Flat Fee Payment shall be <br />decreased in proportion to the overcharged amount for the remainder of the Term. Each party shall <br />bear their own costs in conducting such audit. <br />6.9 In the event it is necessary, Licensor agrees to grant Licensee or the service provider <br />the right to install such services on, through, over and/or under the Property, provided the location <br />of such services shall be approved by Licensor at its sole discretion. In conjunction with Licensee’s <br />or the utility service provider’s right to install and maintain utility wires, poles, cables, conduits, <br />fiber, vaults, pipes and related appurtenances as provided herein and in accordance with the laws <br />of the state of California, Licensor grants the right for any utility services supplier to trim, cut <br />down, and clear away or otherwise control any trees or brush within five feet (5’) on each side of <br />the centerline of any service supplier’s underground utility facilities and fifteen feet (15’) on each <br />side of the centerline of any service supplier’s overhead utility facilities. In addition, Licensor <br />shall not erect or construct any building or other structure or drill or operate any well under or <br />within five feet (5’) on each side of the centerline of any service supplier’s underground utility <br />facilities and fifteen feet (15’) on each side of the centerline of any service supplier’s overhead <br />utility facilities. Licensor acknowledges that Licensee provides a communication service which <br />requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) <br />days per week. If an interruption in electrical service occurs for longer than three (3) hours, <br />Licensor agrees to allow Licensee the right to bring in a temporary source of power for the duration <br />of the interruption in a mutually agreeable location on the Property. <br />6.10 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 6.10 (including Sections 6.10.1 and 6.10.2). <br />6.10.1 In the event of any Force Majeure (defined below) which Licensor <br />determines in its sole reasonable discretion requires some or all of Licensee’s Communications <br />Equipment to be relocated in order to accommodate Licensor’s use of the Property to provide for <br />the community’s needs: <br />ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 9 of 31)