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<br />8 <br />obligations of the parties shall include the additional five (5) year period under the First <br />Renewal Term. Each Pole License will be effective the first day of the month after the <br />date the parties have fully executed it and terminate upon the Expiration Date or earlier <br />termination of this Master License, which may result in a partial License Year at the end <br />of the Pole License Term. <br />3.1.2 Minimum Term. The minimum Term for the purpose of establishing the <br />License Fee for each Pole License will be one License Year immediately following the <br />Commencement Date under Section 4.1 (Commencement Date). This minimum Term <br />provision will prevail over any rights of abatement or termination afforded to Licensee <br />under this Master License except as otherwise expressly stated herein. <br />3.1.3 Deadline to Apply for Pole Licenses. Licensee may submit Pole License <br />applications at any time during the Term. All Pole Licenses will end on the Expiration Date, <br />regardless of their effective dates <br />4 LICENSE FEES; ADDITIONAL FEES; AND OTHER CHARGES <br />4.1 Commencement Date. <br />4.1.1 Definition. Licensee shall pay an annual License Fee under each Pole <br />License beginning on its “Commencement Date,” which will be the earlier of: (i) the first <br />anniversary of the effective date of the Pole License; and (ii) the first day of the month <br />after the date on which Licensee has obtained all Regulatory Approvals necessary for the <br />Permitted Use on the License Area. Each 12-month period (or shorter, for the period <br />immediately preceding the Expiration Date) beginning on the Commencement Date of <br />each Pole License is a “License Year” for that Pole License. <br />4.1.2 Acknowledgment Letter. For each Pole License approved by the City <br />pursuant to Section 6.4 (Pole License Application), within 60 days after obtaining all <br />Regulatory Approvals for the Permitted Use on any License Area, Licensee shall deliver <br />to the City a letter in the form of Exhibit A-3 to the Pole License (each, an <br />“Acknowledgment Letter”). The purposes of the Acknowledgment Letter are to: (i) <br />confirm the Commencement Date; (ii) tender or confirm payment by wire transfer of the <br />License Fee for the first License Year, and the Security Deposit (by check, wire transfer, <br />surety bond, or letter of credit), all in the amounts specified in the Basic License <br />Information; (iii) provide to the City copies of all Regulatory Approvals; and (iv) provide to <br />the City copies of required insurance certificates and endorsements related to the <br />requirements under Article 19 (Insurance). <br />4.1.3 City Demand for Acknowledgment Letter. If Licensee has not delivered to <br />the City the complete Acknowledgment Letter by the first anniversary of the effective date <br />of any Pole License, the City will have the right to: (i) demand that Licensee deliver the <br />Acknowledgment Letter, together with copies of all Regulatory Approvals, within 10 <br />business days after the date of the City’s demand; and (ii) to determine the <br />Commencement Date if Licensee does not deliver the complete Acknowledgment Letter <br />within that 10-business day period. <br />4.1.4 Correct Commencement Date. In all cases, the City will have the right to <br />correct the Commencement Date stated in Licensee’s Acknowledgment Letter after <br />examining Regulatory Approvals. The City will notify Licensee of any such correction by <br />notice delivered in accordance with Section 28.1 (Notices). The City’s determination <br />under this subsection or under Subsection 4.1.3 (City Demand for Acknowledgment <br />Letter) will be final for all purposes under this Master License unless the City’s <br />determination is demonstrably arbitrary and capricious. <br />4.1.5 Countersigned Acknowledgment Letter. The City will use reasonable <br />efforts to deliver to Licensee a countersigned copy of the Acknowledgement Letter or its