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9 <br />first anniversary of the effective date of the Pole License; and (ii) the first day of the <br />month after the date on which Licensee has obtained all Regulatory Approvals necessary <br />for the Permitted Use on the License Area. Each 12-month period (or shorter, for the <br />period immediately preceding the Expiration Date) beginning on the Commencement <br />Date of each Pole License is a “License Year” for that Pole License. Separate and <br />independent from each Pole License, Licensee shall pay an annual Associated Facilities <br />License Fee under each Associated Facilities License beginning on the effective date of <br />each such License, which shall be specified in each such license. <br />4.1.2 Acknowledgment Letter. For each Pole and Associated Facilities License <br />approved by the City pursuant to Section 6.5 (Pole and Associated Facilities License <br />Application), within 60 days after obtaining all Regulatory Approvals for the Permitted Use <br />on any License Area, Licensee shall deliver to the City a letter in the form of Exhibit A-3 <br />to the Pole or Associated Facilities License (each, an “Acknowledgment Letter”). The <br />purposes of the Acknowledgment Letter are to: (i) confirm the Commencement Date; (ii) <br />tender or confirm payment by wire transfer of the License Fee for the first License Year, <br />and the Security Deposit (by check, wire transfer, surety bond, or letter of credit), all in the <br />amounts specified in the Basic License Information; (iii) provide to the City copies of all <br />Regulatory Approvals; and (iv) provide to the City copies of required insurance certificates <br />and endorsements related to the requirements under Article 19 (Insurance). <br />4.1.3 City Demand for Acknowledgment Letter. If Licensee has not delivered to <br />the City the complete Acknowledgment Letter by the first anniversary of the effective date <br />of any Pole or Associated Facilities License, the City will have the right to: (i) demand that <br />Licensee deliver the Acknowledgment Letter, together with copies of all Regulatory <br />Approvals, within 10 business days after the date of the City’s demand; and (ii) to <br />determine the Commencement Date if Licensee does not deliver the complete <br />Acknowledgment Letter within that 10-business day period. <br />4.1.4 Correct Commencement Date. In all cases, the City will have the right to <br />correct the Commencement Date stated in Licensee’s Acknowledgment Letter after <br />examining Regulatory Approvals. The City will notify Licensee of any such correction by <br />notice delivered in accordance with Section 28.1 (Notices). The City’s determination <br />under this subsection or under Subsection 4.1.3 (City Demand for Acknowledgment <br />Letter) will be final for all purposes under this Master License unless the City’s <br />determination is demonstrably arbitrary and capricious. <br />4.1.5 Countersigned Acknowledgment Letter. The City will use reasonable <br />efforts to deliver to Licensee a countersigned copy of the Acknowledgement Letter or its <br />determination of the Commencement Date under Subsection 4.1.4 (Correct <br />Commencement Date) within ten (10) business days of the City’s receipt of the <br />Acknowledgement Letter from the Licensee. The fully executed Acknowledgement Letter <br />or the City’s Commencement Date determination letter, as applicable, will be the City’s <br />notice to proceed under Section 7.2 (Installation). <br />4.2 License Fees. <br />4.2.1 License Fee Schedule. Licensee shall pay to the City the Pole License <br />Fee, and the Associated Facilities License Fee if applicable, for each License Year at the <br />rates specified in the License Fee Schedule set forth under Schedule A-4, subject to <br />changes adopted by the City Council and most currently in effect, (the “License Fee”), <br />unless Licensee is eligible to receive a Pole-Replacement Discount or the City Council <br />has approved in-lieu benefits as set forth in Subsections 4.2.4 and 4.2.5. The License <br />Fee is subject to adjustments as provided in Section 4.3 (Adjustments in License Fee). <br />The License Fee must be delivered in cash or its equivalent in the manner specified in Section 4.9 (Manner of Payment).