Agmt 2019 MLA for Small Cell Pole Attachment

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and that Licensee shall be solely responsible for the costs required to resume operations or repair or replace Equipment following the emergency. 10 LICENSEE'S MAINTENANCE AND REPAIR OBLIGATIONS 10.1 Damage to City Property. If the acts, omissions, or negligence of Licensee or its Agents or Invitees when installing or removing Equipment damages any City Pole, License Area, or other City Property, the City will provide notice describing the damage and 30 days' opportunity to cure. If Licensee fails to repair or replace the damaged City Pole in accordance with the requirements of Section 8.1 (Licensee's Alterations) within the 30 -day cure period, or any longer period to which the City agrees in its reasonable discretion, the City may do so at Licensee's expense. Failure to act after 60 days' notice will subject Licensee to the Default provisions in Article 17 (Default). Licensee shall reimburse the City for its costs of repair or replacement within 20 days after receipt of the City's demand for payment, together with copies of invoices or other evidence of its costs. 10.2 Alterations to City Property If Licensee or any of its Agents or Invitees alters or removes any City Property without the City's express prior approval, Licensee shall restore the City Property to the condition existing before the damage or alteration, unless the City directs otherwise. The City may condition its approval of any alteration to City Property on restoration in accordance with this Section. 10.3 No Right to Repair City Property. Absent notice from the City providing an opportunity to repair damage to City Property, Licensee is not authorized to make any repairs to City Property. In all cases, Licensee waives any right it may have to make repairs at the City's expense under any applicable Law. 10.4 Notice of Damage to City Property. Licensee agrees to give the City notice of the need for any repair to any City Pole, License Area, or other City Property promptly after Licensee's discovery of damage from any cause. Licensee's agreement to provide notice is not an assumption of liability for any life- threatening or hazardous conditions unless caused by the negligent or reckless acts or omissions or willful misconduct of Licensee or its Agents or Invitees. 10.5 Licensee's Equipment. 10.5.1 Maintenance and Repair. Licensee shall at its sole expense install, maintain, and promptly repair any damage to Equipment installed on the License Area whenever repair or maintenance is required, subject to the City's prior approval if required under Article 8 (Alterations). 10.5.2 City Approval. Licensee is not required to seek the City's approval for any repair, maintenance, replacement, or other installation of Equipment or signage in a License Area if: (i) the Equipment or signage in question was in the Approved Plans; (ii) the repair, replacement, or installation involves only the substitution of internal components, or does not result in any change to the external appearance, dimensions, or weight of the Equipment in the Approved Plans; (iii) the City in its reasonable judgment concurs with Licensee that the repair, maintenance, replacement, or other installation of Equipment is reasonably consistent with the Approved Plans, taking into consideration availability of the specific Equipment and advancements in technology, or (iv) requires no temporary traffic control within the roadway or closure of a public sidewalk. In no event, however, will Licensee be authorized to install larger, different, or additional Equipment on a City Pole without the City's express prior consent, or erect temporary traffic control for either the roadway or sidewalk in a manner that endangers the public. In this regard, 21