Agmt 2019 MLA for Small Cell Pole Attachment

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14 DAMAGE OR DESTRUCTION 14.1 City Election. The City has no obligation to replace or repair any part of the License Area following damage by any cause. Following damage or destruction of a City Pole or License Area, the City may elect any of the following actions, in the City's sole and absolute discretion. 14.1.1 Election to Repair or Replace Damage. Within 30 days after the date on which the City discovers damage or destruction of a City Pole licensed to Licensee, the City will give Licensee notice of the City's decision whether to repair or replace the damaged City Pole and its good faith estimate of the amount of time the City will need to complete the work. If the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to terminate the affected Pole License on 30 days' notice to the City. However, if City elects not to perform such work, Licensee may perform such work at its sole cost and expense, subject to City approval of Licensee's plans and specifications and Licensee's compliance with City permit requirements. In such case, the affected Pole License will remain in full force and effect. 14.1.2 Election to Remove Damaged City Pole. If the City decides to remove, rather than repair or replace, a damaged City Pole licensed to Licensee, the applicable Pole License will terminate automatically as of the last day of the month the City Pole is removed. Licensee also may request that it transfer any of its Equipment to any available substitute City Pole, at Licensee's sole cost and expense, which request may be approved or denied by City in its reasonable discretion. 14.1.3 Election to Remove Equipment from Damaged License Area. If the acts of third parties or an act of nature or other force majeure circumstance outside the control of Licensee or its Agents or Invitees destroys or damages any City Pole to such an extent that, in the City's reasonable determination, the Equipment on the City Pole cannot be operated, the City may decide to terminate the affected Pole License on 30 days' notice to Licensee and require Licensee to remove the Equipment from the damaged City Pole before the termination date specified in the City's notice. 14.1.4 Licensee's Rights after Termination. After termination of any Pole License under this Section, the City will: (i) refund the portion of the previously -paid License Fee attributable to the terminated portion of the License Year, subject to Section 3.1.2 (Minimum Term); and (ii) give priority to Licensee's Pole License application for a replacement City Pole. 14.2 No Statutory Rights for Damaged City Pole. The parties understand and agree that this Master License governs fully their rights and obligations in the event of damage or destruction of City Poles, and, to the extent applicable, Licensee and the City each hereby waives and releases the provisions of section 1932, subdivision 2, and section 1933, subdivision 4, of the Civil Code of California (when hirer may terminate the hiring) or under any similar Laws. 15 EMINENT DOMAIN 15.1 Eminent Domain. If all or any part of the License Area is permanently taken in the exercise of the power of eminent domain or any transfer in lieu thereof, the following will apply: 26