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27 <br />is removed. Licensee also may request that it transfer any of its Equipment to any <br />available substitute City Pole or Associated Facilities , at Licensee’s sole cost and <br />expense, which request may be approved or denied by City in its reasonable discretion. <br />14.1.3 Election to Remove Equipment from Damaged License Area. If the acts <br />of third parties or an act of nature or other force majeure circumstance outside the control <br />of Licensee or its Agents or Invitees destroys or damages any City Pole to such an extent <br />that, in the City’s reasonable determination, the Equipment on the City Pole or Associated <br />Facilities cannot be operated, the City may decide to terminate the affected Pole or <br />Associated Facilities License on 30 days’ notice to Licensee and require Licensee to <br />remove the Equipment from the damaged City Pole or Associated Facilities before the <br />termination date specified in the City’s notice. <br />14.1.4 Licensee’s Rights after Termination. After termination of any Pole or <br />Associated Facilities License under this Section, the City will: (i) refund the portion of the <br />previously-paid License Fee attributable to the terminated portion of the License Year, <br />subject to Section 3.1.2 (Minimum Term); and (ii) give priority to Licensee’s Pole or <br />Associated Facilities License application for a replacement City Pole. <br />14.2 No Statutory Rights for Damaged City Pole. <br />The parties understand and agree that this Master License governs fully their rights and <br />obligations in the event of damage or destruction of City Poles or Associated Facilities, and, to <br />the extent applicable, Licensee and the City each hereby waives and releases the provisions of <br />section 1932, subdivision 2, and section 1933, subdivision 4, of the Civil Code of California <br />(when hirer may terminate the hiring) or under any similar Laws. <br />15 EMINENT DOMAIN <br />15.1 Eminent Domain. <br />If all or any part of the License Area is permanently taken in the exercise of the power of <br />eminent domain or any transfer in lieu thereof, the following will apply: <br />15.1.1 Termination. As of the date of taking, the affected Pole or Associated <br />Facilities Licenses will terminate as to the part so taken, and the License Fee under the <br />affected Pole or Associated Facilities Licenses will be ratably reduced to account for the <br />portion of the License Area taken. <br />15.1.2 Award. The City will be entitled to any award paid or made in connection <br />with the taking. Licensee will have no Claim against the City for the value of any <br />unexpired Term of any Pole or Associated Facilities License or otherwise except that <br />Licensee may claim any portion of the award that is specifically allocable to Licensee’s <br />relocation expenses or loss or damage to Licensee’s Equipment. <br />15.1.3 No Statutory Right to Terminate. The parties understand and agree that <br />this Section is intended to govern fully the rights and obligations of the parties in the event <br />of a permanent taking. Licensee and the City each hereby waives and releases any right <br />to terminate this Master License in whole or in part under sections 1265.120 and <br />1265.130 of the California Code of Civil Procedure (partial termination of lease and court <br />order terminating lease, respectively) and under any similar Laws to the extent applicable <br />to this Master License. <br />15.2 Temporary Takings. <br />A taking that affects any portion of the License Area for less than 90 days will have no <br />effect on the affected Pole or the Associated Facilities License, except that Licensee will be <br />entitled to an abatement in the License Fee to the extent that its use of the License Area is <br />materially impaired. In the event of any such temporary taking, Licensee will receive that portion