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37 <br />23 RULES AND REGULATIONS <br />Licensee shall faithfully comply during the Term with any and all reasonable rules, <br />regulations, and instructions that the City establishes, as amended from time to time, with <br />respect to use of any part of the License Area, to the extent that the same do not materially <br />conflict with any express, material terms and conditions of this Master License. <br />24 SECURITY DEPOSIT <br />24.1 Application of Security Deposit. <br />Licensee must tender to the City for deposit the sum(s) specified as the security deposit <br />in the Basic License Information or surety bond in the same amount (the “Security Deposit”) to <br />secure Licensee’s faithful performance of all terms, covenants, and conditions of this Master <br />License and the requested Pole License. The Security Deposit shall be due at the time(s) <br />specified in the Basic License Information. Any surety bond shall be in a form acceptable to the <br />City Attorney and shall name the City as the obligee to guarantee and assure the faithful <br />performance of Licensee’s obligations under this Master License. Licensee agrees that the City <br />may apply the Security Deposit in whole or in part to remedy any damage to the License Area <br />caused by Licensee, its Agents, or Invitees, or any failure of Licensee, its Agents, or Invitees to <br />perform any other terms, covenants, or conditions contained herein (including the payment of <br />License Fees or other sums due under this Master License or any Pole License either before or <br />after a default, or payments to contractors or material suppliers), without waiving any of the City’s <br />other rights and remedies under this Master License or at law or in equity. Licensee waives any <br />rights it may have under section 1950.7 of the California Civil Code or any similar Law and <br />agrees that the City may retain all or any portion of Security Deposit reasonably necessary to <br />compensate the City for any other foreseeable or unforeseeable loss or damage caused by the <br />acts or omissions of Licensee, its Agents, or Invitees. Licensee understands and agrees that the <br />City may apply some or all of the Security Deposit to the payment of future License Fees, <br />Additional Fees, and other amounts payable to the City under this Master License and any Pole <br />License following a Licensee event of default. The City’s obligations with respect to the Security <br />Deposit are solely that of a debtor and not of a trustee. The City is not required to keep the <br />Security Deposit separate from its general funds, and Licensee is not entitled to interest on the <br />Security Deposit. The amount of the Security Deposit in no way limits the liabilities of Licensee <br />under any provision of this Master License or any Pole License. <br />24.2 Further Deposits. <br />Should the City use any portion of the Security Deposit to cure any default by Licensee <br />under this Master License, Licensee will be required to replenish the Security Deposit in the <br />amount and by the date that the City specifies by notice to Licensee. <br />25 SURRENDER OF LICENSE AREA <br />25.1 Surrender. <br />25.1.1 Obligations Upon Surrender. No later than 60 days after the Expiration <br />Date or other termination of this Master License or any Pole License, Licensee shall at its <br />sole cost and expense peaceably remove its Equipment from applicable portions of the <br />License Area, repair any damage resulting from the removal, and surrender the poles to <br />the City in good order and condition, normal wear and tear excepted, free of debris and <br />hazards, and free and clear of all liens and encumbrances. Licensee shall not remove <br />any fiber-optic cable to which the City will obtain title under Section 7.9 (Fiber-Optic