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40 <br />27 SPECIAL PROVISIONS <br />27.1 Early Termination by Either Party. <br />If Licensee does not obtain all Regulatory Approvals for any Pole or Associated Facilities <br />License within six (6) months of the full execution by both parties of the Pole or Associated <br />Facilities License, either party will have the right to terminate that Pole or Associated Facilities <br />License on 60 days’ notice, which the terminating party must deliver to the other party within 10 <br />business days after the first anniversary of the effective date of the Pole or Associated Facilities <br />License to be terminated. If a Pole or Associated Facilities License is terminated under this <br />provision, the Commencement Date will be deemed not to occur, and Licensee will have no <br />obligation to pay the License Fee. If Licensee obtains all Regulatory Approvals within such sixty <br />(60) day period, City’s termination notice shall be deemed revoked, and the Pole License shall <br />remain in full force and effect. <br />27.2 Licensee’s Termination Rights. <br />27.2.1 No-Fault Termination of Master License. This Subsection will apply after <br />the Commencement Date of any Pole or Associated Facilities Licenses. If Licensee fails <br />to obtain or loses Regulatory Approvals for the Permitted Use with respect to a majority of <br />the City Poles or Associated Facilities subject to Pole or Associated Facilities, <br />respectively. Licenses for reasons other than its failure to comply with the conditions of <br />this Master License or Regulatory Approvals and in spite of reasonable efforts by <br />Licensee to obtain or maintain its Regulatory Approvals, Licensee may terminate this <br />Master License at any time on 90 days’ prior notice to the City. <br />27.2.2 Pole or Associated Facilities License Termination. Absent the <br />circumstances described in Subsection 27.2.1 (No-Fault Termination of Master License), <br />Licensee may terminate a Pole or Associated Facilities License on 90 days’ notice at any <br />time following the first anniversary of the Commencement Date of the Pole License. <br />Licensee may remove its Equipment from the applicable License Area at any time after <br />giving the required notice. Licensee shall not be liable for any License Fee or other fees <br />or charges applicable to the terminated Pole or Associated Facilities License for any <br />License Year after the date of such termination by Licensee. <br />27.2.3 Master License Termination. Licensee may terminate this Master License <br />at any time on one year’s notice. <br />27.2.4 Interference Caused by City Work. If any City work described in Section <br />9.1 (Repairs, Maintenance, and Alterations) prevents Licensee from using a City Pole, <br />Associated Facilities or other License Area for more than 30 days, Licensee will be <br />entitled to: (i) a pro rata abatement of the License Fee for the period Licensee is unable to <br />use the City Pole or Associated Facilities; (ii) terminate the Pole or Associated Facilities <br />License on 30 days’ notice; or (iii) both abatement of the License Fee under clause (i) and <br />termination under clause (ii). <br />27.3 City’s Termination Rights. <br />27.3.1 Absolute Right to Terminate Pole or Associated Facilities Licenses. <br />27.3.1.1 The City has the absolute right in its sole discretion to <br />terminate any or all Pole and Associated Facilities Licenses if the City Manager <br />(or his or her designee) determines that Licensee’s continued use of the License <br />Area adversely affects or poses a threat to public health and safety, constitutes a <br />verified and material public nuisance, interferes with the City’s street lights,