Agmt 2019 MLA for Small Cell Pole Attachment

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15.1.1 Termination. As of the date of taking, the affected Pole Licenses will terminate as to the part so taken, and the License Fee under the affected Pole Licenses will be ratably reduced to account for the portion of the License Area taken. 15.1.2 Award. The City will be entitled to any award paid or made in connection with the taking. Licensee will have no Claim against the City for the value of any unexpired Term of any Pole License or otherwise except that Licensee may claim any portion of the award that is specifically allocable to Licensee's relocation expenses or loss or damage to Licensee's Equipment. 15.1.3 No Statutory Right to Terminate. The parties understand and agree that this Section is intended to govern fully the rights and obligations of the parties in the event of a permanent taking. Licensee and the City each hereby waives and releases any right to terminate this Master License in whole or in part under sections 1265.120 and 1265.130 of the California Code of Civil Procedure (partial termination of lease and court order terminating lease, respectively) and under any similar Laws to the extent applicable to this Master License. 15.2 Temporary Takings. A taking that affects any portion of the License Area for less than 90 days will have no effect on the affected Pole License, except that Licensee will be entitled to an abatement in the License Fee to the extent that its use of the License Area is materially impaired. In the event of any such temporary taking, Licensee will receive that portion of any award, if any, that represents compensation for the use or occupancy of the License Area during the Term up to sum of the License Fees and Additional Fees payable by Licensee for the period of the taking, and the City will receive the balance of the award. 16 ASSIGNMENT 16.1 Restriction on Assignment. Except as specifically provided in Section 16.6 (Permitted Assignment), Licensee shall not directly or indirectly Assign any part of its interest in or rights with respect to the License Area without the City's prior consent. The City will not unreasonably withhold, condition, or delay its consent to an Assignment other than an Assignment covered by Article 11 (Liens). 16.2 Notice of Proposed Assignment. Except as specifically provided in Section 16.6 (Permitted Assignment), if Licensee desires to enter into an Assignment of this Master License or any Pole License issued under this Master License, Licensee shall give notice (a "Notice of Proposed Assignment") to the City, stating in detail the terms and conditions for such proposed Assignment and financial information reasonably sufficient to show that the proposed assignee (the "Assignee") has a demonstrated ability to perform all of the obligations of Licensee under this Master License and any Pole License issued hereunder. If Licensee does not deliver all information that the City reasonably requires simultaneously with the Notice of Proposed Assignment, the date of Licensee's delivery of notice will be deemed to have occurred only when it has delivered any additional information the City requests. 16.3 City Response. 16.3.1 Timing. The City will grant or deny any request for consent to an Assignment within 30 days after the City's receipt or deemed receipt, if delayed under Section 16.2 (Notice of Proposed Assignment), of the Notice of Proposed Assignment (the "Assignment Response Period"). If the City consents to the proposed Assignment, then Licensee will have 180 days following the date the City delivers its consent notice to 27