Common use of CITY’S RIGHT TO TERMINATE Clause in Contracts

CITY’S RIGHT TO TERMINATE. City shall have the right to terminate any or all Pole License(s) or require that Licensee relocate Equipment from a particular Pole without penalty upon thirty (30) days' written notice to Licensee if, after notice and a reasonable time (not to exceed sixty (60) days) for Licensee to effect a remedy (cure), the Director of Transportation (or his or her designee) determines that Licensee's continued use of a Pole or Poles will adversely affects or poses a threat to public health and safety, constitutes a public nuisance, interferes with transit operations, or interferes with traffic regulation and control, or would require the SFMTA to maintain a Pole that is no longer required for a City. The foregoing notice requirements notwithstanding, the SFMTA may in its sole discretion determine that exigent circumstances exist that require, for reasons of public, health, safety, or needs of the SFMTA to provide public transit services and traffic regulation and control, and require that Licensee immediately remove the Equipment from a particular Pole. Within forty-eight (48) hours (or other time agreed by SFMTA) of receipt of such notice, Licensee shall remove the Equipment from the identified Pole.