Common use of RELOCATION AND REMOVAL Clause in Contracts

RELOCATION AND REMOVAL. 1. At any time during the term of an SLA, CITY may require the temporary or permanent relocation of an ANTENNA FACILITY to a location designated by CITY. CITY shall use reasonable efforts to identify an alternative location on CITY PROPERTY that is comparable to the existing LICENSED AREA. If the relocation will be permanent, (i) CITY shall provide COMPANY with no less than one hundred eighty (180) days prior written notice that such ANTENNA FACILITY must be permanently relocated if the ANTENNA FACILITY is listed as a Category A or B Facility; or (ii) CITY shall provide COMPANY with no less than one (1) year prior written notice that such ANTENNA FACILITY must be permanently relocated if the ANTENNA FACILITY is listed as a Category C or D Facility. During relocation, COMPANY may request to place a temporary communication facility on the PROPERTY so long as the temporary communication facility does not interfere with other communication transmissions referenced in Section 13 of this agreement. COMPANY must remove the existing ANTENNA FACILITY within sixty (60) days after COMPANY commences construction or installation of any ANTENNA FACILITY at the temporary or alternative permanent location provided by CITY. CITY may provide extensions of such time periods in its sole and absolute discretion. 2. If, notwithstanding COMPANY’s agreement to relocate an ANTENNA FACILITY, COMPANY fails to relocate the specified ANTENNA FACILITY or repair or restore the affected areas of the applicable LICENSED AREA and PROPERTY within the time period specified in this SECTION, as that period may be extended as provided in this SECTION, City’s Director of Economic Development, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate the SLA for the applicable LICENSED AREA and ANTENNA FACILITY, effective no earlier than thirty (30) days after the date of delivery of notice of termination, and CITY may remove any of COMPANY’s property, including the specified ANTENNA FACILITY from the applicable PROPERTY. 3. If CITY removes the specified ANTENNA FACILITY pursuant to this SECTION, COMPANY shall pay to CITY all costs associated with CITY’s removal of such ANTENNA FACILITY, including any storage costs and costs to repair and restore the PROPERTY, including the applicable LICENSED AREA, plus an administrative fee equal to the greater of 10% of the total costs incurred by CITY for such removal or $500, within thirty (30) days after receipt by COMPANY of an itemized ▇▇▇▇ therefor.

RELOCATION AND REMOVAL. 1. At any time during the term of an SLAthis AGREEMENT, CITY may require the temporary or permanent relocation of an any of the ANTENNA FACILITY FACILITIES to a location designated by CITY. CITY shall use reasonable efforts to identify an alternative location on CITY PROPERTY , provided that is comparable to the existing LICENSED AREA. If the relocation will be permanent, (i) CITY shall provide COMPANY with no less than one a three hundred eighty and sixty-five (180365) days day prior written notice that such the ANTENNA FACILITY FACILITIES must be permanently relocated if the ANTENNA FACILITY is listed as a Category A or B Facility; or (ii) CITY shall provide COMPANY with no less than one (1) year prior written notice that such ANTENNA FACILITY must be permanently relocated if the ANTENNA FACILITY is listed as a Category C or D Facility. During relocation, COMPANY may request to place a temporary communication facility on the PROPERTY so long as the temporary communication facility does not interfere with other communication transmissions referenced in Section 13 of this agreement. COMPANY must remove the existing ANTENNA FACILITY within sixty (60) days after COMPANY commences construction or installation of any ANTENNA FACILITY at the temporary or alternative permanent location provided by CITY. CITY may provide extensions of such time periods in its sole and absolute discretionrelocated. 2. If, notwithstanding COMPANY’s agreement to relocate an the ANTENNA FACILITYFACILITIES, COMPANY fails to relocate the specified ANTENNA FACILITY FACILITIES or repair or restore the affected areas of the applicable LICENSED AREA AREAS and PROPERTY or PROPERTIES within the time period specified in this SECTIONthree hundred and sixty-five (365) day period, as that period may be extended as provided in this SECTIONSection, City’s Director of Economic DevelopmentCity Manager, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate the SLA permit as issued for the applicable LICENSED AREA and ANTENNA FACILITYAREAS pursuant to Section 9 of this AGREEMENT, effective no earlier than thirty seven (307) days after the date of delivery of notice of termination, and CITY may remove any of COMPANY’s property, including the specified ANTENNA FACILITY FACILITIES from the applicable PROPERTYPROPERTY or PROPERTIES, upon prior written notice to COMPANY. 3. If CITY removes the specified ANTENNA FACILITY FACILITIES pursuant to this SECTIONSection, COMPANY shall pay to CITY all costs associated with CITY’s removal of such the ANTENNA FACILITYFACILITIS, including any storage costs and costs to repair and restore the PROPERTYPROPERTY or PROPERTIES, including the applicable LICENSED AREA, plus an administrative fee equal to the greater of 10% of the total costs incurred by CITY for such removal or $500AREAS, within thirty ten (3010) days after receipt by COMPANY of an itemized ▇▇▇▇ thereforbill therefore. 4. COMPANY may remove a portion of the ANTENNA FACILITIES at any time during the term of this AGREEMENT. Any impacts to the USE CHARGE will be applied at the next Adjustment Date, as defined below.

RELOCATION AND REMOVAL. 1. At any time during the term of an SLA, CITY may require the temporary or permanent relocation of an ANTENNA FACILITY to a location designated by CITY. CITY CITYCITY shall coordinate with COMPANY and shall use reasonable efforts to identify an alternative location on CITY PROPERTY that is comparable to the existing LICENSED AREA. If the relocation will be permanent, (i) and CITY shall and COMPANY shall make reasonable efforts to limit the disruption to COMPANY’s SERVICES. CITY will provide COMPANY with no less than one hundred eighty (180) days prior written writtenadvance notice that such ANTENNA FACILITY must be permanently relocated if the ANTENNA FACILITY is listed as a Category A or B Facility; or (ii) ii)prior to any need for any temporary relocation. If the relocation will be permanent, CITY shall provide COMPANY with no less than one (1) year prior written notice that such ANTENNA FACILITY must be permanently relocated if the the. If CITY requests relocation of an ANTENNA FACILITY is listed as a Category C or D Facility. During relocation, COMPANY may request to place a temporary communication facility on the PROPERTY so long as the temporary communication facility does not interfere with other communication transmissions referenced in Section 13 of this agreement. COMPANY must remove the existing existingsuch ANTENNA FACILITY within sixty (6060ninety (90) days after COMPANY commences construction or installation of any ANTENNA FACILITY at the temporary or alternative permanent location provided by CITY. CITY CITYCITY’s Director of Economic Development may provide extensions of such time periods in its sole and absolute discretion. If CITY is unable to provide an alternative location acceptable to COMPANY, COMPANY may terminate the SLA applicable to such ANTENNA FACILITY. 2. If, notwithstanding COMPANY’s agreement to relocate an ANTENNA FACILITY, COMPANY fails to relocate the specified ANTENNA FACILITY or repair or restore the affected areas of the applicable LICENSED AREA and PROPERTY within the time period specified in this SECTION, as that period may be extended as provided in this SECTION, City’s Director of Economic Development, in his or her sole discretion and without limitation with respect to any other rights or remedies which he/she may have, may terminate the SLA for the applicable LICENSED AREA and ANTENNA FACILITY, effective no earlier than thirty (30) days after the date of delivery of notice of termination, and CITY may remove any of COMPANY’s property, including the specified ANTENNA FACILITY from the applicable PROPERTY. 3. If CITY removes the specified ANTENNA FACILITY pursuant to this SECTION, COMPANY shall pay to CITY all costs associated with CITY’s removal of such ANTENNA FACILITY, including any storage costs and costs to repair and restore the PROPERTY, including the applicable LICENSED AREA, plus an administrative fee equal to the greater of 10% of the total costs incurred by CITY for such removal or $500, within thirty (30) days after receipt by COMPANY of an itemized ▇▇▇▇ bill therefor.