Agmt 2019 MLA for Small Cell Pole Attachment

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"Fifth Renewal Term"), subject to each parties' option to not renew this Master License, for any reason, upon one hundred and eighty (180) days' written notice to the other party. The Term shall include, if exercised, the First Renewal Term, the Second Renewal Term, the Third Renewal Term, the Fourth Renewal Term, and the Fifth Renewal Term. By way of example, upon the expiration of the Term after fifteen (15) years, if the Third Renewal Term takes effect, the Term along with all rights and obligations of the parties shall include the additional five (5) year period under the Third Renewal Term. Each Pole License will be effective the first day of the month after the date the parties have fully executed it and terminate upon the Expiration Date or earlier termination of this Master License, which may result in a partial License Year at the end of the Pole License Term. 3.1.2 Minimum Term. The minimum Term for the purpose of establishing the License Fee for each Pole License will be one License Year immediately following the Commencement Date under Section 4.1 (Commencement Date). This minimum Term provision will prevail over any rights of abatement or termination afforded to Licensee under this Master License except as otherwise expressly stated herein. 3.1.3 Deadline to Apply for Pole Licenses. Licensee may submit Pole License applications at any time during the Term. All Pole Licenses will end on the Expiration Date, regardless of their effective dates 4 LICENSE FEES; ADDITIONAL FEES; AND OTHER CHARGES 4.1 Commencement Date 4.1.1 Definition. Licensee shall pay an annual License Fee under each Pole License beginning on its "Commencement Date," which will be the earlier of: (i) the first anniversary of the effective date of the Pole License; and (ii) the first day of the month after the date on which Licensee has obtained all Regulatory Approvals necessary for the Permitted Use on the License Area. Each 12 -month period (or shorter, for the period immediately preceding the Expiration Date) beginning on the Commencement Date of each Pole License is a "License Year" for that Pole License. 4.1.2 Acknowledgment Letter. For each Pole License approved by the City pursuant to Section 6.5 (Pole License Application), within 60 days after obtaining all Regulatory Approvals for the Permitted Use on any License Area, Licensee shall deliver to the City a letter in the form of Exhibit A-3 to the Pole License (each, an "Acknowledgment Letter"). The purposes of the Acknowledgment Letter are to: (i) confirm the Commencement Date; (ii) tender or confirm payment by wire transfer of the License Fee for the first License Year, and the Security Deposit (by check, wire transfer, surety bond, or letter of credit), all in the amounts specified in the Basic License Information; (iii) provide to the City copies of all Regulatory Approvals; and (iv) provide to the City copies of required insurance certificates and endorsements related to the requirements under Article 19 (Insurance). 4.1.3 City Demand for Acknowledgment Letter. If Licensee has not delivered to the City the complete Acknowledgment Letter by the first anniversary of the effective date of any Pole License, the City will have the right to: (i) demand that Licensee deliver the Acknowledgment Letter, together with copies of all Regulatory Approvals, within 10 business days after the date of the City's demand; and (ii) to determine the Commencement Date if Licensee does not deliver the complete Acknowledgment Letter within that 10 -business day period. 4.1.4 Correct Commencement Date. In all cases, the City will have the right to correct the Commencement Date stated in Licensee's Acknowledgment Letter after examining Regulatory Approvals. The City will notify Licensee of any such correction by notice delivered in accordance with Section 28.1 (Notices). The City's determination 13