Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

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agreements with third parties regarding the use of other City facilities, including City Poles or other City Property in the vicinity of any License Area; (d) neither this Master License nor any Pole License creates a partnership or joint venture between the City and Licensee; and (e) Licensee has no ownership or property right in any Pole whatsoever. 2.2.3 No Impediment to Municipal Use. Except as limited in this Master License, neither this Master License nor any Pole License limits, alters, or waives the City's right to use any part of the License Area as infrastructure established and maintained for the benefit of the City, and for such purpose, City may require Licensee to relocate its equipment and facilities at Licensee's sole expense pursuant to Section 27.3.4 of this Master License. 2.3 Signs and Advertising. Licensee agrees that its rights under Pole Licenses do not authorize Licensee to erect or maintain, or permit to be erected or maintained by anyone under Licensee's control, any signs (except as provided in Section 7.1.2 (Identification of Licensee's Equipment)), notices, graphics, or advertising of any kind on any part of the License Area. 2.4 Light and Air. Licensee agrees that no diminution of light, air, or signal transmission by any structure (whether or not erected by the City) will entitle Licensee to any reduction of the License Fees or Additional Fees under any Pole License, result in any liability of the City to Licensee, or in any other way affect this Master License, any Pole License, or Licensee's obligations, except as specifically provided in this Master License. 2.5 As -Is Condition of the License Area. Licensee's attention is directed to the following: 2.5.1 As -Is Condition. Licensee expressly acknowledges and agrees to enter onto and use each License Area in its "as -is, with all faults" condition. The City makes no representation or warranty of any kind as to the condition or suitability for Licensee's use of any License Area. 2.5.2 Licensee Due Diligence. Licensee represents and warrants to the City that Licensee has conducted a reasonably diligent investigation, either independently or through Agents of Licensee's choosing, of the condition of the License Area and of the suitability of the License Area for Licensee's intended use, and Licensee is relying solely on its independent investigation. The City agrees to reasonably cooperate with licensee's due diligence efforts at Licensee's sole cost and expense. Licensee further represents and warrants that its intended use of the License Area is the Permitted Use as defined in Section 1.3 (Definitions) and as described in the Basic License Information. 2.5.3 No City Representations or Warranties. Except as may be expressly provided herein, Licensee agrees that neither the City nor any of its Agents have made, and the City disclaims, any representations or warranties, express or implied, with respect to the physical, structural, or environmental condition of the License Area, the present or future suitability of the License Area for the Permitted Use, or any other matter relating to the License Area..