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<br />25 <br />Pole Locations would comply with FCC standards, taking into consideration the Equipment <br />installation specifications and distance to residential windows (each, an “Emissions Report”). If <br />not provided earlier, Licensee must submit the Emissions Report to the City with the applicable <br />Pole License application. If the Emissions Report does not identify the type(s) of frequencies or <br />bandwidth used by the Equipment, Licensee shall include such information in its Pole License <br />application. <br />13.8 Compliance with City’s Risk Management Requirements <br />Licensee shall not do anything, or permit anything to be done by anyone under <br />Licensee’s control, in, on, or about the License Area that would create any unusual fire risk, and <br />shall take commercially reasonable steps to protect the City from any potential liability by reason <br />of Licensee’s use of the License Area. Licensee, at Licensee’s expense, shall comply with all <br />reasonable rules, orders, regulations, and requirements of the City Manager and City’s Risk <br />Manager. <br /> <br />14 DAMAGE OR DESTRUCTION <br />14.1 City Election. <br />The City has no obligation to replace or repair any part of the License Area following <br />damage by any cause. Following damage or destruction of a City Pole or License Area, the City <br />may elect any of the following actions, in the City’s sole and absolute discretion. <br />14.1.1 Election to Repair or Replace Damage. Within 30 days after the date on <br />which the City discovers damage or destruction of a City Pole licensed to Licensee, the <br />City will give Licensee notice of the City’s decision whether to repair or replace the <br />damaged City Pole and its good faith estimate of the amount of time the City will need to <br />complete the work. If the City cannot complete the work within 30 days after the date that <br />the City specifies in its notice, or if the City elects not to do the work, then Licensee will <br />have the right to terminate the affected Pole License on 30 days’ notice to the City. <br />However, if City elects not to perform such work, Licensee may perform such work at its <br />sole cost and expense, subject to City approval of Licensee’s plans and specifications <br />and Licensee’s compliance with City permit requirements. In such case, the affected Pole <br />License will remain in full force and effect. <br />14.1.2 Election to Remove Damaged City Pole. If the City decides to remove, <br />rather than repair or replace, a damaged City Pole licensed to Licensee, the applicable <br />Pole License will terminate automatically as of the last day of the month in which the City <br />Pole is removed. In such event, the City will endeavor in good faith to identify an available <br />substitute City Pole that is reasonably acceptable to Licensee, and to allow Licensee to <br />relocate its Equipment to such City Pole at Licensee’s sole cost and expense. <br />14.1.3 Election to Remove Equipment from Damaged License Area. If the acts <br />of third parties or an act of nature or other force majeure circumstance outside the control <br />of Licensee or its Agents or Invitees destroys or damages any City Pole to such an extent <br />that, in the City’s reasonable determination, the Equipment on the City Pole cannot be <br />operated, the City may decide to terminate the affected Pole License on 30 days’ notice to <br />Licensee and require Licensee to remove the Equipment from the damaged City Pole <br />before the termination date specified in the City’s notice. <br />14.1.4 Licensee’s Rights after Termination. After termination of any Pole <br />License under this Section, the City will: (i) refund the portion of the previously-paid <br />License Fee attributable to the terminated portion of the License Year, subject to Section 3.1.2 (Minimum Term); and (ii) give priority to Licensee’s Pole License application for a <br />replacement City Pole.