10.A. Action 2019 0107 - Laserfiche WebLink

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22 before the damage or alteration, unless the City directs otherwise. The City may condition its approval of any alteration to City Property on restoration in accordance with this Section. 10.3 No Right to Repair City Property. Absent notice from the City providing an opportunity to repair damage to City Property, Licensee is not authorized to make any repairs to City Property. In all cases, Licensee waives any right it may have to make repairs at the City’s expense under any applicable Law. 10.4 Notice of Damage to City Property. Licensee agrees to give the City notice of the need for any repair to any City Pole, Associated Facilities, License Area, or other City Property promptly after Licensee’s discovery of damage from any cause. Licensee’s agreement to provide notice is not an assumption of liability for any life-threatening or hazardous conditions unless caused by the negligent or reckless acts or omissions or willful misconduct of Licensee or its Agents or Invitees. 10.5 Licensee’s Equipment. 10.5.1 Maintenance and Repair. Licensee shall at its sole expense install, maintain, and promptly repair any damage to Equipment installed on the License Area whenever repair or maintenance is required, subject to the City’s prior approval if required under Article 8 (Alterations). 10.5.2 City Approval. Licensee is not required to seek the City’s approval for any repair, maintenance, replacement, or other installation of Equipment or signage in a License Area if: (i) the Equipment or signage in question was in the Approved Plans; (ii) the repair, replacement, or installation involves only the substitution of internal components, or does not result in any change to the external appearance, dimensions, or weight of the Equipment in the Approved Plans; (iii) the City in its reasonable judgment concurs with Licensee that the repair, maintenance, replacement, or other installation of Equipment is reasonably consistent with the Approved Plans, taking into consideration availability of the specific Equipment and advancements in technology, or (iv) requires no temporary traffic control within the roadway or closure of a public sidewalk. In no event, however, will Licensee be authorized to install larger, different, or additional Equipment on a City Pole or Associated Facilities without the City’s express prior consent, or erect temporary traffic control for either the roadway or sidewalk in a manner that endangers the public. In this regard, Licensee acknowledges that section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455) does not apply to this Master License or any Pole or Associated Facilities License because the City is granting rights to Licensee in its proprietary capacity as the owner of the City Poles or Associated Facilities. Any work on Licensee’s Equipment installed on City Poles or Associated Facilities that is authorized or permitted under this Subsection is subject to Licensee obtaining any required Regulatory Approvals. 10.5.3 Graffiti. Licensee’s repair and maintenance obligation includes the removal of any graffiti from the Licensee’s equipment. 10.6 Inspections. At least once in every License Year, Licensee shall perform an inspection of all Equipment and, within 10 business days after the inspection, submit a written report to the City on the condition of such Equipment that includes, without limitation, any identified concerns and corrective action taken or planned to be taken. In the event that Licensee’s inspection reveals any maintenance concerns in connection with any Pole, Associated Facilities or any other City Property, Licensee shall promptly notify the City. Licensee shall provide the City with at least 30 days’ prior written notice before it commences any inspection. Licensee shall permit any City employee or third-party consultant to observe any inspection activities and make reasonable accommodations as needed to facilitate such observations; provided that any third-party