Agmt 2019 MLA for Small Cell Pole Attachment

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trusteeship; and (b) all relevant non -privileged petitions, applications, communications, and reports submitted by Licensee to the FCC or any other Regulatory Agency having jurisdiction directly related to Licensee's installation or operation of Equipment on City Poles or other property. 22.3.2 Production of Documents. The City will attempt to notify Licensee promptly after delivery of any request for copies of these records made under any public records Law or in any court proceeding and of the date on which the records are to be made available. If Licensee believes that any of the requested records are confidential or contain proprietary information, Licensee must identify those records to the City before the date of required production. If the request is made through any court or administrative proceeding, or the requesting party otherwise makes a formal complaint regarding nondisclosure, Licensee will have the burden to obtain any protective order needed to withhold production at its sole cost and expense. Licensee acknowledges that the City's compliance with any court order, including a subpoena duces tecum, will not violate this Subsection. The City's failure to notify Licensee will not affect the City's legal obligation to produce records or give rise to any Claim by Licensee against the City. 23 RULES AND REGULATIONS Licensee shall faithfully comply during the Term with any and all reasonable rules, regulations, and instructions that the City establishes, as amended from time to time, with respect to use of any part of the License Area, to the extent that the same do not materially conflict with any express, material terms and conditions of this Master License. 24 SECURITY DEPOSIT 24.1 Application of Security Deposit. Licensee must tender to the City for deposit the sum(s) specified as the security deposit in the Basic License Information or surety bond in the same amount (the "Security Deposit") to secure Licensee's faithful performance of all terms, covenants, and conditions of this Master License and the requested Pole License. The Security Deposit shall be due at the time(s) specified in the Basic License Information. Any surety bond shall be in a form acceptable to the City Attorney and shall name the City as the obligee to guarantee and assure the faithful performance of Licensee's obligations under this Master License. Licensee agrees that the City may apply the Security Deposit in whole or in part to remedy any damage to the License Area caused by Licensee, its Agents, or Invitees, or any failure of Licensee, its Agents, or Invitees to perform any other terms, covenants, or conditions contained herein (including the payment of License Fees or other sums due under this Master License or any Pole License either before or after a default, or payments to contractors or material suppliers), without waiving any of the City's other rights and remedies under this Master License or at law or in equity. Licensee waives any rights it may have under section 1950.7 of the California Civil Code or any similar Law and agrees that the City may retain all or any portion of Security Deposit reasonably necessary to compensate the City for any other foreseeable or unforeseeable loss or damage caused by the acts or omissions of Licensee, its Agents, or Invitees. Licensee understands and agrees that the City may apply some or all of the Security Deposit to the payment of future License Fees, Additional Fees, and other amounts payable to the City under this Master License and any Pole License following a Licensee event of default. The City's obligations with respect to the Security Deposit are solely that of a debtor and not of a trustee. The City is not required to keep the Security Deposit separate from its general funds, and Licensee is not entitled to interest on the 37