Agmt 2019 MLA for Small Cell Pole Attachment

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27.2 Licensee's Termination Rights. 27.2.1 No -Fault Termination of Master License. This Subsection will apply after the Commencement Date of any Pole Licenses. If Licensee fails to obtain or loses Regulatory Approvals for the Permitted Use with respect to a majority of the City Poles subject to Pole Licenses for reasons other than its failure to comply with the conditions of this Master License or Regulatory Approvals and in spite of reasonable efforts by Licensee to obtain or maintain its Regulatory Approvals, Licensee may terminate this Master License at any time on 90 days' prior notice to the City. 27.2.2 Pole License Termination. Absent the circumstances described in Subsection 27.2.1 (No -Fault Termination of Master License), Licensee may terminate a Pole License on 90 days' notice at any time following the first anniversary of the Commencement Date of the Pole License. Licensee may remove its Equipment from the applicable License Area at any time after giving the required notice. Licensee shall not be liable for any License Fee or other fees or charges applicable to the terminated Pole License for any License Year after the date of such termination by Licensee. 27.2.3 Master License Termination. Licensee may terminate this Master License at any time on one year's notice. 27.2.4 Interference Caused by City Work. If any City work described in Section 9.1 (Repairs, Maintenance, and Alterations) prevents Licensee from using a City Pole or other License Area for more than 30 days, Licensee will be entitled to: (i) a pro rata abatement of the License Fee for the period Licensee is unable to use the City Pole; (ii) terminate the Pole License on 30 days' notice; or (iii) both abatement of the License Fee under clause (i) and termination under clause (ii). 27.3 City's Termination Rights. 27.3.1 Absolute Right to Terminate Pole Licenses. 27.3.1.1 The City has the absolute right in its sole discretion to terminate any or all Pole Licenses if the City Manager (or his or her designee) determines that Licensee's continued use of the License Area adversely affects or poses a threat to public health and safety, constitutes a verified and material public nuisance, interferes with the City's street lights, utilities, or other municipal operations, or requires the City to maintain a City Pole that is no longer required for City purposes. 27.3.1.2 If the condition is susceptible to cure, the City will provide notice to Licensee of the City's determination, the underlying reasons for the determination, and provide a 30 -day cure period following which the affected Pole Licenses will terminate if Licensee has not effected a cure. 27.3.1.3 If the condition is not susceptible to cure in the City's sole judgment, the City will have the right to terminate the affected Pole Licenses on 30 days' notice to Licensee of the City's determination. 27.3.1.4 The City will endeavor to accommodate a request by Licensee to relocate the Pole License and related Equipment, at Licensee's sole cost and expense, to another City Pole mutually acceptable to Licensee and City. 27.3.2 Removal of Equipment. The City in its sole discretion may determine that exigent circumstances require, for reasons of public, health, safety, or needs of the City to provide street lighting, utilities, or other municipal services, that Licensee remove the Equipment from a particular City Pole on 72 hours' notice. Licensee shall remove the Equipment from the identified City Pole within the 72 -hour period or any longer time to which 40