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<br />26 <br />14.2 No Statutory Rights for Damaged City Pole. <br />The parties understand and agree that this Master License governs fully their rights and <br />obligations in the event of damage or destruction of City Poles, and, to the extent applicable, <br />Licensee and the City each hereby waives and releases the provisions of section 1932, <br />subdivision 2, and section 1933, subdivision 4, of the Civil Code of California (when hirer may <br />terminate the hiring) or under any similar Laws. <br /> <br />15 EMINENT DOMAIN <br />15.1 Eminent Domain. <br />If all or any part of the License Area is permanently taken in the exercise of the power of <br />eminent domain or any transfer in lieu thereof, the following will apply: <br />15.1.1 Termination. As of the date of taking, the affected Pole Licenses will <br />terminate as to the part so taken, and the License Fee under the affected Pole Licenses <br />will be ratably reduced to account for the portion of the License Area taken. <br />15.1.2 Award. The City will be entitled to any award paid or made in connection <br />with the taking. Licensee will have no Claim against the City for the value of any <br />unexpired Term of any Pole License or otherwise except that Licensee may claim any <br />portion of the award that is specifically allocable to Licensee’s relocation expenses or loss <br />or damage to Licensee’s Equipment. <br />15.1.3 No Statutory Right to Terminate. The parties understand and agree that <br />this Section is intended to govern fully the rights and obligations of the parties in the event <br />of a permanent taking. Licensee and the City each hereby waives and releases any right <br />to terminate this Master License in whole or in part under sections 1265.120 and <br />1265.130 of the California Code of Civil Procedure (partial termination of lease and court <br />order terminating lease, respectively) and under any similar Laws to the extent applicable <br />to this Master License. <br />15.2 Temporary Takings. <br />A taking that affects any portion of the License Area for less than 90 days will have no <br />effect on the affected Pole License, except that Licensee will be entitled to an abatement in the <br />License Fee to the extent that its use of the License Area is materially impaired. In the event of <br />any such temporary taking, Licensee will receive that portion of any award, if any, that represents <br />compensation for the use or occupancy of the License Area during the Term up to sum of the <br />License Fees and Additional Fees payable by Licensee for the period of the taking, and the City <br />will receive the balance of the award. <br /> <br />16 ASSIGNMENT <br />16.1 Restriction on Assignment. <br />Except as specifically provided in Section 16.6 (Permitted Assignment), Licensee shall <br />not directly or indirectly assign any part of its interest in or rights with respect to the License Area <br />without the City’s prior consent. The City will not unreasonably withhold, condition, or delay its <br />consent to an Assignment other than an Assignment covered by Article 11 (Liens). <br />16.2 Notice of Proposed Assignment. <br />Except as specifically provided in Section 16.6 (Permitted Assignment), if Licensee <br />desires to enter into an Assignment of this Master License or any Pole License issued under this <br />Master License, Licensee shall give notice (a “Notice of Proposed Assignment”) to the City,