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TERM OF LICENSE 3.1 Commencement of Term Cµse;) D'A'Ok,ew- The Term of the License granted under this Agreement shall commence on ling 1 , 2020. 3.2 Expiration of Term The Term of the License granted under this Agreement shall expire on December 31, 2026. 3.3 Successor Agreement During the period sixty (60) days prior to the expiration of the Term identified in Section 3.2 of this Agreement, the parties shall have the opportunity to negotiate a successor agreement to this Agreement, if the party seeking a successor agreement provides written notice to the other parry in accordance with Section 10.4 of this Agreement. Either parry may provide notice to the other party of its intention to negotiate a successor agreement. Failure to provide written notice sixty (60) days prior to the expiration of the Term shall not preclude either party to request, by notice to the other party prior to expiration of the Term, that the parties proceed with negotiations for a successor agreement upon mutual written agreement. 3.4 Obligations Upon Expiration of Agreement City shall disconnect its Access Cables at the Commercial Fiber Egress Points listed in Section 2.3 promptly upon expiration of the Agreement. If City fails to disconnect its Access Cables promptly upon expiration of the Agreement, City agrees that BART may disconnect City's Access Cables, and that City shall pay an additional License Payment at the annual rate as defined in Section 4.2. 3.5 Termination City may terminate this agreement by providing BART with sixty (60) days' prior written notice of such termination. No additional annual payments from City of BART will be required following the termination date. All BART Support Charges, if incurred prior to termination, must be paid to BART within thirty days of the termination date. City will make payments to BART in advance on a yearly basis. No pro -rated refunds will be provided by BART to City following termination. No yearly payments will be invoiced to City following the termination date, although any invoiced BART Support Charges, if incurred prior to the termination date, remain due to BART. ADMNLEGAL 122651.3