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<br />39 <br />Regulatory Approvals for the Permitted Use with respect to a majority of the City Poles <br />subject to Pole Licenses for reasons other than its failure to comply with the conditions of <br />this Master License or Regulatory Approvals and in spite of reasonable efforts by <br />Licensee to obtain or maintain its Regulatory Approvals, Licensee may terminate this <br />Master License at any time on 90 days’ prior notice to the City. <br />27.2.2 Pole License Termination. Absent the circumstances described in Subsection 27.2.1 (No-Fault Termination of Master License), Licensee may terminate a <br />Pole License on 90 days’ notice at any time following the first anniversary of the <br />Commencement Date of the Pole License. Licensee may remove its Equipment from the <br />applicable License Area at any time after giving the required notice. Licensee shall not be <br />liable for any License Fee or other fees or charges applicable to the terminated Pole <br />License for any License Year after the date of such termination by Licensee. <br />27.2.3 Master License Termination. Licensee may terminate this Master License <br />at any time on one year’s notice. <br />27.2.4 Interference Caused by City Work. If any City work described in Section 9.1 (Repairs, Maintenance, and Alterations) prevents Licensee from using a City Pole or <br />other License Area for more than 30 days, Licensee will be entitled to: (i) a pro rata <br />abatement of the License Fee for the period Licensee is unable to use the City Pole; (ii) <br />terminate the Pole License on 30 days’ notice; or (iii) both abatement of the License Fee <br />under clause (i) and termination under clause (ii). <br />27.3 City’s Termination Rights. <br />27.3.1 Absolute Right to Terminate Pole Licenses. <br />27.3.1.1 The City has the absolute right in its sole discretion to <br />terminate any or all Pole Licenses if the City Manager (or his or her designee) <br />determines that Licensee’s continued use of the License Area adversely affects <br />or poses a threat to public health and safety, constitutes a verified and material <br />public nuisance, interferes with the City’s street lights, utilities, or other municipal <br />operations, or requires the City to maintain a City Pole that is no longer required <br />for City purposes. <br />27.3.1.2 If the condition is susceptible to cure, the City will provide <br />notice to Licensee of the City’s determination, the underlying reasons for the <br />determination, and provide a 30-day cure period following which the affected Pole <br />Licenses will terminate if Licensee has not effected a cure. <br />27.3.1.3 If the condition is not susceptible to cure in the City’s sole <br />judgment, the City will have the right to terminate the affected Pole Licenses on <br />30 days’ notice to Licensee of the City’s determination. <br />27.3.1.4 The City will endeavor to accommodate a request by Licensee <br />to relocate the Pole License and related Equipment, at Licensee’s sole cost and <br />expense, to another City Pole mutually acceptable to Licensee and City. <br />27.3.2 Removal of Equipment. The City in its sole discretion may determine that <br />exigent circumstances require, for reasons of public, health, safety, or needs of the City to <br />provide street lighting, utilities, or other municipal services, that Licensee remove the <br />Equipment from a particular City Pole on 72 hours’ notice. Licensee shall remove the <br />Equipment from the identified City Pole within the 72-hour period or any longer time to which <br />the City agrees. The applicable Pole License will terminate as to the identified City Pole upon <br />expiration of the 72-hour period. <br />27.3.3 City Pole Removal. The City has the right to remove any City Pole that it <br />determines in its sole judgment is unnecessary for its street light operations. If the City