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<br />39 <br />Licensee shall afford the City a full opportunity to participate in any discussions with Regulatory <br />Agencies regarding any settlement agreement, cleanup or abatement agreement, consent <br />decree, or other compromise or proceeding involving Hazardous Material. <br /> <br />27 SPECIAL PROVISIONS <br />27.1 Early Termination by Either Party. <br />If Licensee does not obtain all Regulatory Approvals for any Pole License by the first <br />anniversary of its effective date, either party will have the right to terminate that Pole License on <br />60 days’ notice, which the terminating party must deliver to the other party within 10 business <br />days after the first anniversary of the effective date of the Pole License to be terminated. If a Pole <br />License is terminated under this provision, the Commencement Date will be deemed not to <br />occur, and Licensee will have no obligation to pay the License Fee. If Licensee obtains all <br />Regulatory Approvals within such sixty (60) day period, City’s termination notice shall be deemed <br />revoked, and the Pole License shall remain in full force and effect. <br />27.2 Licensee’s Termination Rights. <br />27.2.1 No-Fault Termination of Master License. This Subsection will apply after <br />the Commencement Date of any Pole Licenses. If Licensee fails to obtain or loses <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.