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<br />40 <br />decides to remove a City Pole, it will make reasonable efforts to provide at least 90 days’ <br />notice to Licensee, but the City’s rights under this Subparagraph will not be affected by its <br />failure to provide less than 90 days’ notice. Upon removal of a City Pole, either party will have <br />the right to terminate the Pole License as to the affected City Pole as of the last day of the <br />month of removal. The City will endeavor to accommodate a request by Licensee to relocate <br />the Pole License and related Equipment, at Licensee’s sole cost and expense, to another City <br />Pole mutually acceptable to Licensee and City. <br />27.3.4 Replacement, Relocation, or Upgrading of City Poles. The City has the right to <br />replace, relocate, or add City equipment to, and remove Licensee’s Equipment from, any City <br />Pole or License Area that the City determines in its sole judgment is necessary for its <br />municipal operations, including, but not limited to, LED conversion or installation of solar <br />capabilities. If the City decides to replace or relocate a City Pole or add equipment requiring <br />the removal of Licensee’s Equipment, the City will make reasonable efforts to provide at least <br />90 days’ notice to Licensee, but the City’s rights under this Subparagraph will not be affected <br />by its failure to provide less than 90 days’ notice. Licensee may choose either to terminate the <br />applicable Pole License as to the replacement, relocated, or upgraded City Pole or, only if <br />feasible in the discretion of the City’s Engineering and Transportation Department, install <br />Licensee’s Equipment on the replacement, relocated, or upgraded City Pole at Licensee’s <br />sole cost. The City will endeavor to accommodate a request by Licensee to relocate the Pole <br />License and related Equipment, at Licensee’s sole cost and expense, to another City Pole <br />mutually acceptable to Licensee and City. <br />27.3.5 Future Use of Existing City Conduit. <br />27.3.5.1 If City conduit space is part of a License Area, and the City needs <br />to use such City conduit space for future upgrade and expansion of its street light <br />system, the City may require Licensee’s wiring to be removed from the City’s conduit. <br />The City will use reasonable efforts to give Licensee at least 90 days’ notice that the <br />wiring will be removed, but the City’s failure to give notice or delivery of less than 90 <br />days’ notice will not affect the City’s rights under this Subsection. In either case, the <br />City will provide Licensee with a date by which its wiring must be removed. <br />27.3.5.2 Unless Licensee notifies the City within the time specified in the <br />City’s notice under Subsection (a) above that Licensee has identified an alternative to <br />using City conduit to enable its Equipment without using the City conduit, the Pole <br />License as to the affected City Pole will terminate automatically as of the last day of <br />the month specified in the notice. <br />27.4 Licensee’s Rights after Termination. <br />Promptly after the effective date of any termination of any Pole License under <br />Subsection 27.2.4 (Interference caused by City Work) or Section 27.3 (City’s Termination <br />Rights), the City will refund the portion of any previously-paid License Fee attributable to the <br />terminated portion of the License Year, subject to Section 3.1.2 (Minimum Term). In addition, if <br />Licensee wishes to replace the City Pole with a different Pole Location, the City will give priority <br />to Licensee’s Pole License applications for an equal portion of replacement City Poles, but the <br />grant of priority will not affect Licensee’s obligations under this Master License, including the <br />requirement to obtain all Regulatory Approvals for the replacement City Poles. <br />27.5 Special Remedies for Interference with Operations. <br />27.5.1 Licensee’s Obligation Not to Cause Interference. <br />27.5.1.1 Licensee will not operate or maintain its Equipment in a manner <br />that interferes with or impairs other communication (radio, telephone, and other <br />transmission or reception) or computer equipment lawfully and correctly used by any <br />person, including the City or any of its Agents. In the event such interference occurs