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36 <br />Licensee realizes and acknowledges that the waivers and releases contained in this <br />Master License include all known and unknown, disclosed and undisclosed, and anticipated and <br />unanticipated Claims. Licensee affirms that it has agreed to enter into this Master License in light <br />of this realization and, being fully aware of this situation, it nevertheless intends to waive the <br />benefit of Civil Code section 1542 and any similar Law. The releases and waivers contained in <br />this Master License will survive its expiration or earlier termination. <br />21 CITY ACCESS TO LICENSE AREA <br />21.1 City’s Right of Access. <br />Except as specifically provided otherwise, the City and its designated Agents have the <br />right of access to any part of the License Area at any time without notice for any purpose. The <br />City will, however, make good faith efforts to provide notice to Licensee according to Section 9.2 <br />(Notice to Licensee). <br />21.2 Emergency Access. <br />If safe and practicable, the City will notify Licensee of any emergency that requires the <br />City to remove and replace a City Pole or Associated Facilities and allow Licensee to remove its <br />Equipment before the City removes or replaces a City Pole or Associated Facilities in an <br />emergency situation or other exigent circumstances. But if in the City’s sole judgment it is not <br />safe or practicable to wait for Licensee to perform the work or where such delay would cause <br />significant delay to or otherwise compromise public safety or services, the City will remove the <br />Equipment from the City Pole or Associated Facilities, exercising reasonable care to avoid <br />damage. The City will hold the Equipment for retrieval by Licensee, and Licensee will have the <br />right to reinstall the Equipment or equivalent Equipment at Licensee’s expense on the repaired or <br />replaced City Pole or Associated Facilities in accordance with Article 7 (Installation of <br />Equipment). As provided in Section 9.4 (Emergencies), the City’s removal of Licensee’s <br />Equipment in emergency or exigent circumstances may not be deemed to be a forcible or <br />unlawful entry into or interference with Licensee’s rights to the License Area. <br />21.3 No Liability for Emergency Access. <br />The City will not be liable in any manner, and Licensee hereby waives any Claims, for any <br />inconvenience, disturbance, loss of business, nuisance, or other damage arising out of the City’s <br />entry onto the License Area, including the removal of Licensee’s Equipment from a City Pole or <br />Associated Facilities in an emergency as described in Subsection 21.2 (Emergency Access), <br />except damage resulting directly and exclusively from the gross negligence or willful misconduct <br />of the City or its Agents and not contributed to by the acts, omissions, or negligence of Licensee, <br />its Agents, or Invitees. <br />22 REQUIRED RECORDS <br />22.1 Records of Account. <br />Licensee shall maintain during the Term and for a period ending 3 years after the <br />Expiration Date or earlier termination of this Master License the following records at a place of <br />business within the State of California or in an electronic format: (a) identification and location of <br />all City Poles under active Pole or Associated Facilities Licenses; (b) amounts and dates of <br />License Fees paid to the City; (c) Regulatory Approvals issued for the installation, operation, and <br />maintenance of Equipment on City Poles or Associated Facilities; and (d) correspondence with <br />the City concerning any matter covered by this Master License all covering a period of not more <br />than three years. The City, or a consultant acting on its behalf, will have the right to inspect and <br />audit Licensee’s records at Licensee’s place of business during regular business hours on 10 <br />business days’ notice to Licensee. <br />22.2 Estoppel Certificates.