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<br />41 <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 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 <br />and is not cured within ten (10) days of notice from City, such interference will be an <br />event of default under this Master License by Licensee, and upon notice from the City, <br />Licensee shall be responsible for eliminating such interference promptly and at no <br />cost to the City. Licensee will be required to use its best efforts to remedy and cure <br />such interference with or impairment of City operations. Prior to installation of any <br />equipment, Licensee shall conduct an in-field test at the License Area to determine <br />what existing communications are transmitted from or received in the License Area. A <br />report of the in-field test shall be submitted with each application for a Pole License. <br />27.5.1.2 If Licensee does not cure the default promptly, the parties <br />acknowledge that continuing interference may cause irreparable injury and, therefore, <br />the City will have the right to bring an action against Licensee to enjoin such <br />interference or to terminate all Pole Licenses where the Equipment is causing <br />interference or impairment, at the City’s election. <br />27.5.2 Impairment Caused by Change in City Use. <br />27.5.2.1 If any change in the nature of the City’s use of the License Area <br />during the Term results in measurable material adverse impairment to Licensee’s <br />normal operation of its Equipment making it necessary to alter the Equipment to <br />mitigate the adverse effect, Licensee shall notify the City and provide evidence of the <br />claimed impairment. Upon receipt of such notice, the City will have the right to make <br />its own reasonable determination and, if it agrees with Licensee, investigate whether it <br />can reasonably and economically mitigate that interference. The City will provide <br />notice to Licensee of the City’s determination within thirty (30) days of its receipt of <br />notice from Licensee. <br />27.5.2.2 If the City determines in its sole discretion that mitigation is feasible <br />and can be achieved for a reasonable cost in the City’s reasonable judgment, the <br />City’s notice will specify when the City will mitigate the adverse effect. The City’s <br />mitigation will effect a cure, and the City will not be liable to Licensee in any other way <br />or be required to take any other measures with respect to the Equipment.