Agmt 2019 MLA for Small Cell Pole Attachment

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9 CITY WORK ON POLES OR LICENSE AREA 9.1 Repairs, Maintenance, and Alterations. City will: (a) maintain and repair the City Poles as needed, in its sole judgment, for its street light, utility, or municipal operations; and (b) correct any immediately life-threatening or hazardous condition. Except as specified in Article 27 (Special Provisions), neither City work on the City Poles, nor the condition of the City Poles, will entitle Licensee to any damages, relieve Licensee of the obligation to pay the License Fees and Additional Fees or perform each of its other covenants under this Master License, or constitute or be construed as a constructive termination of this Master License. 9.2 Notice to Licensee. The City reserves the right at any time to make alterations, additions, repairs, removals, and improvements to all or any part of the License Area for any operational purpose, including maintenance and improvement of street lighting services, City compliance with mandatory regulations or voluntary controls or guidelines, subject to: (i) making good faith efforts to give Licensee 72 -hour prior notice of City work that requires manipulation of Licensee's equipment in accordance with Section 9.3 (Licensee's On -Call Representative); (ii) allowing a representative of Licensee to observe the City's work; and (iii) taking reasonable steps not to disrupt Licensee's normal use of Equipment on the License Area. Licensee's use of the License Area may not impede or delay in any way the City's authority and ability to make necessary changes, as determined by the City Engineer, to any License Area to maintain its street lights, utility services, or other municipal services. 9.3 Licensee's On -Call Representative. Licensee shall at all times have a representative assigned to be on call and available to the City regarding the operation of Licensee's Equipment. Licensee's representative shall be qualified and experienced in the operation of Licensee's Equipment, and shall be authorized to act on behalf of Licensee in any emergency and in day-to-day operations of the Equipment. The contact information for Licensee's on-call representative is listed in the Basic License Information and will be listed on identification plates as required by Subsection 7.1.2 (Identification and Other Signage). Before the City performs non -emergency maintenance, repair, or other activities on the License Area in the regular course of its business that may impair the operation of Licensee's Equipment on the License Area, the City will attempt to provide at least 72 hour's telephonic notice to Licensee's on-call representative. The City will not be required to delay non- emergency repair or maintenance activities more than 72 hours after attempting to contact Licensee's on-call representative. 9.4 Emergencies. The parties agree to notify each other within 72 hours of any emergency situation related to any City Poles at the emergency phone numbers listed in the Basic License Information or at the earliest opportunity. In an emergency, however, the City's work and needs will take precedence over the operations of any of Licensee's Equipment on the License Area, and the City may access any portion of the License Area that it determines necessary in its sole discretion in accordance with Section 21.2 (Emergency Access), whether or not the City has notified Licensee of the emergency. Licensee acknowledges that City personnel will be entitled to exercise their judgment in an emergency caused by any person, and in the exercise of judgment may determine that the operation of Licensee's Equipment must be interrupted, or that the circumstances require the removal of any part of Licensee's Equipment. Licensee agrees that the City will bear no liability to Licensee for the City's interruption of Licensee's Equipment operations, removal of Equipment, or other actions with respect to Licensee's Equipment in an emergency except to the extent caused by the gross negligence or willful misconduct of the City, 20