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25 <br />Code, any local code, and CPUC General Order 128, the more stringent requirements will apply, <br />as determined by the City. <br />13.5 City’s Exercise of its Proprietary Interests. <br />Licensee acknowledges and agrees that the City is entering into this Master License in its <br />capacity as a property owner with a proprietary interest in the License Area and not as a <br />Regulatory Agency with police powers. Nothing in this Master License limits in any way <br />Licensee’s obligation to obtain required Regulatory Approvals from applicable Regulatory <br />Agencies. By entering into this Master License, the City is in no way modifying or limiting <br />Licensee’s obligation to cause the License Area to be used and occupied in accordance with all <br />applicable Laws. <br />13.6 Regulatory Approvals. <br />Licensee represents and warrants that prior to, and as a condition of, conducting its <br />activities on the License Area, Licensee will acquire all Regulatory Approvals required for <br />Licensee’s use of the License Area. Licensee shall maintain all Regulatory Approvals for <br />Licensee’s Permitted Use on the License Area throughout the Term of this Master License and <br />for as long as any Equipment is installed on any portion of the License Area. Following <br />submission of a Pole License application by Licensee, such Regulatory Approvals (or written <br />denials explaining with specificity all reasons for such denials) shall be issued by the City within <br />the timeframe allowed by the FCC and 47 U.S.C. § 332(c)(7)(B)(i)(II). <br />13.7 Radiofrequency Radiation and Electromagnetic Fields. <br />Licensee’s obligation to comply with all Laws includes all Laws relating to allowable <br />presence of or human exposure to Radiofrequency Radiation (“RFs”) or Electromagnetic Fields <br />(“EMFs”) on or off the License Area, including all applicable FCC standards, whether such RF or <br />EMF presence or exposure results from Licensee’s Equipment alone or from the cumulative <br />effect of Licensee’s Equipment added to all other sources on or near the License Area. Licensee <br />must provide to the City a copy of the report required for Licensee’s Encroachment Permit, of an <br />independent engineering consultant analyzing whether RF and EMF emissions at the proposed <br />Pole Locations would comply with FCC standards, taking into consideration the Equipment <br />installation specifications and distance to residential windows (each, an “Emissions Report”). If <br />not provided earlier, Licensee must submit the Emissions Report to the City with the applicable <br />Pole License application. If the Emissions Report does not identify the type(s) of frequencies or <br />bandwidth used by the Equipment, Licensee shall include such information in its Pole License <br />application. <br />13.8 Compliance with City’s Risk Management Requirements <br />Licensee shall not do anything, or permit anything to be done by anyone under <br />Licensee’s control, in, on, or about the License Area that would create any unusual fire risk, and <br />shall take commercially reasonable steps to protect the City from any potential liability by reason <br />of Licensee’s use of the License Area. Licensee, at Licensee’s expense, shall comply with all <br />reasonable rules, orders, regulations, and requirements of the City Manager and City’s Risk <br />Manager. <br />14 DAMAGE OR DESTRUCTION <br />14.1 City Election. <br />The City has no obligation to replace or repair any part of the License Area following <br />damage by any cause. Following damage or destruction of a City Pole or License Area, the City <br />may elect any of the following actions, in the City’s sole and absolute discretion.