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Section 9.07. No provision of this Agreement will be construed to require the City to place or relocate any City Facilities for the benefit of the Licensee. ARTICLE 10. ABANDONMENT OR RELOCATION OF POLES Section 10.01. If the City wishes to abandon or relocate a Pole to which the Licensee has Attachments, the City will give at least 30 days written notice to the Licensee. If the Licensee does not remove or transfer all of the Licensee's Facilities from the Pole, and the Licensee has not entered into an agreement to purchase the Pole under Section 10.02, the City will have the right to remove or transfer the Licensee's Facilities at the Licensee's expense. Section 10.02. If the City wishes to abandon or relocate a Pole to which the Licensee has Attachments, the City may, at its sole discretion, offer to sell the Pole to the Licensee at the then- present market value of the facilities. The Licensee will notify the City in writing within 10 days of the date of the City's offer that the Licensee desires to purchase the offered facilities. The Licensee must then secure and deliver proof to the City of all necessary governmental approvals needed for the Licensee to independently own and access the facilities. If the Licensee fails to secure the necessary governmental approvals, or if the City and the Licensee fail to reach agreement on the terms of the sale within 30 days after the date of the City's offer, the Licensee will remove its attachments from the Pole as required under Section 10.01 of this Article. Section 10.03. The City will give the Licensee 30 days written notice of the need to remove any of the Licensee's Attachments by reason of any Federal, State, County, Municipal or other governmental requirement, or the requirement of a property owner, and the Licensee will remove the affected Attachments promptly within that time period. If the Licensee fails to remove the Licensee's Facilities from the City Facilities during that time, the City may remove the facilities at the Licensee's expense. Section 10.04. The City may charge the Licensee liquidated damages in the amount specified in Appendix A if the Licensee does not remove the Licensee's Facilities as required under Sections 10.01 or 10.03. The assessment of liquidated damages is separate and apart from the City's right to enforce the provisions of any performance bond required under this Agreement, and is intended to be in addition to any other remedies the City may have. The parties acknowledge that the amounts of actual damages for the Licensee's failure to timely remove the Licensee's Facilities will be difficult or impossible to ascertain; that the damages set forth in this Section are a reasonable approximation of actual damages; and that the intent of this Section is to provide compensation to the City and not to assess a penalty against the Licensee. ARTICLE 11. REMOVAL OF LICENSEE'S FACILITIES Section 11.01. At the expiration or any termination of this Agreement or of a Permit, the Licensee will remove the Licensee's Facilities from the Poles at its own expense. If the Licensee fails to remove the facilities within 90 days of the expiration or termination, the City will have the right to remove the Licensee's Facilities and charge all costs for the removal to the Licensee, or to treat the Licensee's facilities as abandoned and to assume ownership and use of the facilities. 11 C:\TEMP\Fiber America pole att.doc