Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

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27.5 Special Remedies for Interference with Operations. 27.5.1 Licensee's Obligation Not to Cause Interference. 27.5.1.1 Licensee will not operate or maintain its Equipment in a manner that interferes with or impairs other communication (radio, telephone, and other transmission or reception) or computer equipment lawfully and correctly used by any person, including the City or any of its Agents. In the event such interference occurs and is not cured within fifteen (15) days of notice from City, such interference will be an event of default under this Master License by Licensee, and upon notice from the City, Licensee shall be responsible for eliminating such interference promptly and at no cost to the City. Licensee will be required to use its best efforts to remedy and cure such interference with or impairment of City operations. Prior to installation of any equipment, Licensee shall conduct an in -field test at the License Area to determine what existing communications are transmitted from or received in the License Area. A report of the in -field test shall be submitted with each application for a Pole License. 27.5.1.2 If Licensee does not cure the default promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the City will have the right to bring an action against Licensee to enjoin such interference or to terminate all Pole Licenses where the Equipment is causing interference or impairment, at the City's election. Notwithstanding the foregoing, Licensee shall have the right to temporarily power down its Equipment and periodically test its Equipment in an effort to permanently resolve any interference. The City shall not have the right to terminate any Pole Licenses where Licensee is actively taking steps to cure any interference in this manner. 27.5.2 Impairment Caused by Change in City Use. 27.5.2.1 If any change in the nature of the City's use of the License Area during the Term results in measurable material adverse impairment to Licensee's normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence of the claimed impairment. Upon receipt of such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City's determination within ten (10) days of its receipt of notice from Licensee. 27.5.2.2 If the City determines in its sole discretion that mitigation is feasible and can be achieved for a reasonable cost in the City's reasonable judgment, the City's notice will specify when the City will mitigate the adverse effect. The City's mitigation will effect a cure, and the City will not be liable to Licensee in any other way or be required to take any other measures with respect to the Equipment. 27.5.2.3 If the City determines in its sole discretion that mitigation is not feasible or cannot be achieved for a reasonable cost in the City's reasonable judgment, Licensee may elect either to: (i) terminate the Pole License as to the affected City Pole and receive a ratable reduction in the License Fee; (ii) request to relocate the Pole License and related Equipment, at Licensee's sole cost and expense, to another City Pole, subject to City's approval in its sole discretion or (iii) take steps itself at its own cost to mitigate the adverse effect and continue to operate the Equipment on the City Pole, and receive from the City a waiver of the License Fee 41