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8 <br />Licensee’s attention is directed to the following: <br />2.5.1 As-Is Condition. Licensee expressly acknowledges and agrees to enter <br />onto and use each License Area in its “as-is, with all faults” condition. The City makes no <br />representation or warranty of any kind as to the condition or suitability for Licensee’s use <br />of any License Area. <br />2.5.2 Licensee Due Diligence. Licensee represents and warrants to the City that <br />Licensee has conducted a reasonably diligent investigation, either independently or <br />through Agents of Licensee’s choosing, of the condition of the License Area and of the <br />suitability of the License Area for Licensee’s intended use, and Licensee is relying solely <br />on its independent investigation. Licensee further represents and warrants that its <br />intended use of the License Area is the Permitted Use as defined in Section 1.3 <br />(Definitions) and as described in the Basic License Information. <br />2.5.3 No City Representations or Warranties. Except as may be expressly <br />provided herein, Licensee agrees that neither the City nor any of its Agents have made, <br />and the City disclaims, any representations or warranties, express or implied, with respect <br />to the physical, structural, or environmental condition of the License Area, the present or <br />future suitability of the License Area for the Permitted Use, or any other matter relating to <br />the License Area. <br />2.5.4 Disclosure. Under California Civil Code section 1938, to the extent <br />applicable to this Master License, Licensee is hereby advised that a Certified Access <br />Specialist (as defined in that Law) has not inspected any License Area to determine <br />whether it meets all applicable construction-related accessibility requirements. <br />3 TERM <br />3.1 Term of Master License Pole Licenses, and Associated Facilities Licenses. <br />3.1.1 Term. The term of this Master License shall be five (5) years commencing <br />on the Effective Date and ending at midnight on the last day of the term (the “Expiration <br />Date”), unless earlier terminated by City or Licensee pursuant to the express terms of this <br />Master License (the “Term”). The term shall be automatically renewed for subsequent <br />one (1) year terms (each a “Renewal Term”), subject to each parties’ option not to renew <br />the Master License for any reason, subject to thirty (30) days of prior written notice to the <br />other party. The term of any Pole and Associated Facilities Licenses shall be coterminous <br />with Term or the Renewal Term as the case may be. <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 and Associated Facilities Licenses. Licensee <br />may submit Pole License applications at any time during the Term. All Pole Licenses will <br />end on the Expiration Date, regardless of their effective dates. Licensee may only submit <br />Associated Facilities applications in conjunction with an effective Pole License, and all <br />Associated Facilities Licenses will end on the Expiration Date of their respective <br />associated Pole Licenses, 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 Pole License Fee under each <br />Pole License beginning on its “Commencement Date,” which will be the earlier of: (i) the