Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

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4.7.5 Refunding of Excess Amounts. Any funds remaining in the account will be refunded to Licensee or, at the request of Licensee, applied to a future Pole License application No refunds shall occur until a 90-day period has passed without processing costs. 4.8 Additional Fees. 4.8.1 Defined. Sums payable to the City by Licensee, including any late charges, default interest, costs related to a request for the City's consent to an Assignment under Section 16.2 (Notice of Proposed Assignment), and Default Fees under Subsection 17.2.4 (Default Fees), are referred to collectively as "Additional Fees." Additional Fees are not regulatory fees. 4.8.2 Exclusions. Licensee's payment of any of the following will not be considered Additional Fees under this Master License: (i) application fees (§ 4_6); (ii) Administrative Payments (§ 4_7); (iii) any other amount paid to the City in compensation for reviewing Licensee's applications and coordinating and inspecting its installation of Equipment on the License Area under Pole Licenses; (iv) License Fees; and (v) any other payments to the City. 4.9 Manner of Payment. Licensee shall pay License Fees, Administrative Payments, Additional Fees, and all other amounts payable to the City under this Master License in cash or other immediately available funds by: (i) check payable to the "City of San Leandro" and delivered to the City in care of the Finance Director of the City of San Leandro at the address for payment specified in the Basic License Information; or (ii) wire transfer in accordance with the instructions in the Basic License Information, unless the City directs otherwise by notice given in accordance with Section 28.1 (Notices). A check that is dishonored will be deemed unpaid. City agrees to provide the applicable W-9, Electronic Funds Transfer Form, and other documentation which from time to time may be required by Licensee in order for Licensee to make payments under this Master License or any Pole License. 4.10 Reasonableness of Liquidated Charges and Fees. The parties agree that the Additional Fees payable under this Master License represent a fair and reasonable estimate of the administrative costs that the City will incur in connection with the matters for which they are imposed and that the City's right to impose the Additional Fees is in addition to and not in lieu of its other rights under this Master License. More specifically: THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY'S ACTUAL ADMINISTRATIVE COSTS AND OTHER DETRIMENT ARISING FROM LICENSEE DEFAULTS AND OTHER ADMINISTRATIVE MATTERS UNDER THIS MASTER LICENSE WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. BY EXECUTING THIS AGREEMENT, AN AUTHORIZED REPRESENTATIVE OF EACH PARTY ACKNOWLEDGES THAT THE PARTIES HAVE AGREED, AFTER NEGOTIATION, ON THE AMOUNT OF THE ADDITIONAL FEES AS REASONABLE ESTIMATES OF THE CITY'S ADDITIONAL ADMINISTRATIVE COSTS AND OTHER DETRIMENT. 5 USE RESTRICTIONS 5.1 Permitted Use. Licensee shall use the License Area solely for the Permitted Use and for no other use, subject to all applicable Laws and conditions of Regulatory Approvals. Licensee shall not interfere with the 12