Common use of Removal and Relocation Clause in Contracts

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a). Licensee shall at Licensor’s direction and upon one hundred eighty (180) days prior written notice to Licensee, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Poles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal Facility. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result of any relocation requirement. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentation. (b) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Small Cell Equipment in the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii), unless the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate with its then existing value. Licensee and Licensor shall document any such transfer of ownership via a xxxx of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c), no Per Pole Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 above.

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a7.5(a). Licensee shall at Licensor’s direction and upon one hundred eighty (180) days prior written notice to Licensee, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Poles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal Facility. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result of any relocation requirement. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentationLicensor. (b) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Small Cell Equipment in the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii7.5(a)(iii), unless the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate with its then existing value. Licensee and Licensor shall document any such transfer of ownership via a xxxx of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c7.5(c), no Per Pole Aggregate Annual License Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 above.

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a). Licensee shall remove and relocate the Equipment on a [City/County] pole at Licensor’s direction its own expense to an alternative location made available by Licensor and upon acceptable to Licensee not later than one hundred eighty (180) days prior after receiving written notice to Licenseethat removal, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any relocation, and/or alteration of the following purposesEquipment is necessary due to: (i) if required for the construction, modification, completionexpansion, repair, relocation, or maintenance of a Licensor street or other public agency improvement project; or (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Polesmaintenance, traffic signalsupgrade, communicationsexpansion, replacement, or other Municipal Facilitiesrelocation of [City/County] traffic light poles and/or traffic signal light system; or (iii) Licensor is abandoning permanent closure of a street or removing sale of [City/County] property; or, (iv) at the Municipal Facility. In any such casesole discretion of [City/County], Licensor shall use reasonable efforts to afford Licensee intentional or unintentional inoperation of Equipment for a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing period in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result excess of any relocation requirementsix (6) months. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall shall, upon prior notice, be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty forty-five (3045) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentation. (b) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Nothing in this Section shall be construed as preventing Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to from recovering the terms and conditions costs of this Agreement. (c) In lieu of the removal and/or relocation of Licensee’s Small Cell Equipment in its facilities from a nongovernmental third-party responsible for the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii), unless the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate with its then existing valueremoval and/or relocation. Licensee and Licensor shall document any such transfer cooperate to the extent possible to assure continuity of ownership via service during relocation of Equipment. Licensor shall use reasonable efforts to afford Licensee a xxxx of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c), no Per Pole Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 abovereasonably equivalent alternative location.

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a)Equipment. Licensee shall shall, at Licensor’s direction and upon one hundred eighty the shorter of (180a) ninety (90) days prior written notice to LicenseeLicensee or (b) the actual date of the need for relocation, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Polespoles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal FacilityFacility and/or traffic signal, streetlight, etc. from the pole. Licensor may also require Licensee to relocate, remove, modify or disconnect Equipment located in the ROW in the event of an emergency, when the public health, safety or welfare requires such change (for example, without limitation, the Equipment is interfering with or adversely affecting proper operation of a Licensor-owned pole, traffic signal, communications, or other Municipal Facilities). In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result of any relocation requirement. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentationLicensor. (b) Licensee shall make certain that it has a designated contact person available 24/7 in the event of an emergency requiring Licensor to take immediate action. In such event, Licensee’s contact is: Network Monitoring Center - ________________. If after two attempts to make contact by Licensor with no response, Licensor shall have the right to undertake any actions that Licensor may deem reasonably necessary to avoid damage to property or personal injury, and Licensor’s reasonable and documented costs for such undertaking shall be paid by Licensee. (c) In the event of an assignment, sub-license or transfer pursuant to Section 14 of this Agreement, any such assignee or transferee shall immediately provide updated or new contact information pursuant to this provision. (d) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to anotherEquipment, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Small Cell Equipment may place a temporary installation in the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii), unless ROW (e.g. cell-on-wheels) upon prior approval by the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate compliance with its then existing value. Licensee and Licensor shall document any such transfer of ownership via a xxxx of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c), no Per Pole Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 aboveapplicable permit requirements.

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a)installations. Licensee shall shall, at Licensor’s direction and upon one hundred eighty ninety (18090) days prior written notice to Licensee, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Owned Poles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal Facility. Licensor may also require Licensee to relocate, remove, modify or disconnect Equipment located in the ROW in the event of an emergency, when the public health or welfare requires such change (for example, without limitation, the Equipment is interfering with or adversely affecting proper operation of Licensor‑Owned Poles, traffic signals, communications, or other Municipal Facilities). In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result of any relocation requirement. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentationLicensor. (b) Licensee shall make certain that it has a designated contact person available 24/7 in the event of an emergency requiring Licensor to take immediate action. In such event, Licensee’s contact is: _______________. If after two attempts to make contact by Licensor with no response, Licensor shall have the right to undertake any actions that Licensor may deem reasonably necessary to avoid damage to property or personal injury, and Licensor’s reasonable and documented costs for such undertaking shall be paid by Licensee. (c) In the event of an assignment, sub-license or transfer pursuant to Section 14 of this Agreement, any such assignee or transferee shall immediately provide updated or new contact information pursuant to this provision. (d) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to anotherEquipment, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Small Cell Equipment may place a temporary installation in the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii), unless ROW (e.g. cell-on-wheels) upon prior approval by the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate compliance with its then existing valueany applicable permit requirements. Licensee and Licensor shall document any such transfer of ownership via a xxxx of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c), no Per Pole Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 above.

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a7.5(a). Licensee shall at Licensor’s direction and upon one hundred eighty (180) days prior written notice to Licensee, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Poles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal Facility. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result of any relocation requirement. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentationLicensor. (b) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Small Cell Equipment in the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii7.5(a)(iii), unless the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate with its then existing value. Licensee and Licensor shall document any such transfer of ownership via a xxxx bill of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c7.5(c), no Per Pole Aggregate Annual License Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 above.

Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Cell Equipment installations as provided in this Section 7.7(a)Equipment. Licensee shall shall, at Licensor’s direction and upon one hundred eighty the shorter of (180a) ninety (90) days prior written notice to LicenseeLicensee or (b) the actual date of the need for relocation, relocate such Small Cell Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Cell Equipment is interfering with or adversely affecting proper operation of Licensor-owned Polespoles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal FacilityFacility and/or traffic signal, streetlight, etc. from the pole. Licensor may also require Licensee to relocate, remove, modify or disconnect Equipment located in the ROW in the event of an emergency, when the public health, safety or welfare requires such change (for example, without limitation, the Equipment is interfering with or adversely affecting proper operation of a Licensor-owned pole, traffic signal, communications, or other Municipal Facilities). In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or another location within the PROW. Nothing in this Agreement gives the Licensee the authorization to install a new dedicated pole in the PROW or public utility easement as a result of any relocation requirement. If Licensee shall fail to relocate any Small Cell Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Small Cell Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor accompanied by supporting documentationLicensor. (b) Licensee shall make certain that it has a designated contact person available 24/7 in the event of an emergency requiring Licensor to take immediate action. In such event, Licensee’s contact is: Network Monitoring Center - . If after two attempts to make contact by Licensor with no response, Licensor shall have the right to undertake any actions that Licensor may deem reasonably necessary to avoid damage to property or personal injury, and Licensor’s reasonable and documented costs for such undertaking shall be paid by Licensee. (c) In the event of an assignment, sub-license or transfer pursuant to Section 14 of this Agreement, any such assignee or transferee shall immediately provide updated or new contact information pursuant to this provision. (d) In the event Licensee desires to relocate any Small Cell Equipment from one Municipal Facility to anotherEquipment, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Small Cell Equipment may place a temporary installation in the case of an abandonment of a Municipal Facility as provided in Section 7.7(a)(iii), unless ROW (e.g. cell-on-wheels) upon prior approval by the Municipal Facility is needed for a legitimate Licensor purpose, Licensor may, in its sole discretion, allow Licensee to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Site Supplement, at a commercially reasonable price commensurate compliance with its then existing value. Licensee and Licensor shall document any such transfer of ownership via a xxxx of sale. In the event that Licensee acquires a Municipal Facility pursuant to this Section 7.7(c), no Per Pole Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section 4.1 aboveapplicable permit requirements.