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Licensee acknowledges that section 6409(a) of the Middle Class Tax Relief and Job <br />Creation Act of 2012 (codified at 47 U.S.C. § 1455) does not apply to this Master License <br />or any Pole License because the City is granting rights to Licensee in its proprietary <br />capacity as the owner of the City Poles. Any work on Licensee's Equipment installed on <br />City Poles that is authorized or permitted under this Subsection is subject to Licensee <br />obtaining any required Regulatory Approvals. <br />10.5.3 Graffiti. Licensee's repair and maintenance obligation includes the <br />removal of any graffiti from the Licensee's equipment. <br />10.6 Inspections. <br />At least once in every License Year, Licensee shall perform an inspection of all <br />Equipment and, within 10 business days after the inspection, submit a written report to the City on <br />the condition of such Equipment that includes, without limitation, any identified concerns and <br />corrective action taken or planned to be taken. In the event that Licensee's inspection reveals any <br />maintenance concerns in connection with any Pole or any other City Property, Licensee shall <br />promptly notify the City. Licensee shall provide the City with at least 30 days' prior written notice <br />before it commences any inspection. Licensee shall permit any City employee or third -party <br />consultant to observe any inspection activities and make reasonable accommodations as needed <br />to facilitate such observations; provided that any third -party consultant will be required to agree to <br />a reasonable confidentiality agreement as may be requested by Licensee. In the event that <br />Licensee, its Agents or Invitees notice any maintenance concerns with respect to any Pole or <br />other City Property, Licensee shall promptly notify the City. <br />11 LIENS <br />Licensee shall keep the License Area free from any liens arising out of any work <br />performed, material furnished, or obligations incurred by or for Licensee. Licensee shall inform <br />each and every contractor and material supplier that provides any work, service, equipment, or <br />material to Licensee in any way connected with Licensee's use of the License Area that the <br />License Area is public property and is not subject to mechanics' liens or stop notices for <br />Equipment, other materials, or services provided for Licensee's Equipment. If Licensee does not <br />cause the release of lien of a mechanic's lien or stop notice by any contractor, service provider, <br />or equipment or material supplier purporting to attach to the License Area or other City Property <br />as a result of work performed, material furnished, or obligations incurred on behalf of Licensee <br />within 60 days after notice or discovery of the lien, the City will have the right, but not the <br />obligation, to cause the same to be released by any means it deems proper, including payment <br />of the Claim giving rise to such lien. Licensee must reimburse the City for all expenses it incurs in <br />connection with any such lien (including reasonable attorneys' fees) within 20 days following <br />receipt of the City's demand and an invoice of City's expenses. Licensee shall not create, permit, <br />or suffer any other encumbrances affecting any portion of the License Area. <br />12 UTILITIES; TAXES AND ASSESSMENTS <br />12.1 Utilities. <br />Licensee shall be solely responsible for obtaining and maintaining the provision of <br />electricity to Licensee's Equipment, including, but not limited to, making payments to electric <br />utilities and installation of separate electric meters, if necessary. Licensee shall comply with all <br />Laws and rules and regulations of the electric utility relating to installation and connection of <br />Licensee's Equipment to electricity. If granted a choice between a pole -mounted Smart Meter <br />22 <br />