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Section 11.02. If state or federal law prevents the City from requiring the Licensee to remove the Licensee's Facilities upon termination of this Agreement, the City is entitled to charge liquidated damages to the Licensee in the amount specified in Appendix A. This provision for assessment of liquidated damages is intended to be 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 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 12. TERMINATION OF PERMITS Section 12.01. Any Permit issued under this Agreement will automatically terminate when the Licensee ceases to have authority to construct, maintain and operate its Facilities on public or private property at the location of the Licensee's Facilities covered by the Permit. The termination of a franchise agreement between the City and the Licensee will terminate the Licensee's authority under this Section as to the provision of all services other than Telecommunications Service through the Licensee's Facilities within public right-of-way of the City. Section 12.02. If the Licensee has not completed the installation of the Attachments authorized by a Permit within 60 days from the issuance of the Permit, and there is no evidence of ongoing construction, the City may revoke the Permit with 15 days written notice to the Licensee. If the Licensee fails to complete the construction of the Attachments within the 15 day notice period, the Permit is revoked and the Licensee will remove any facilities it has attached to Poles within 10 days. If the Licensee fails to remove the facilities from the Poles within the 10 days, the City will have the right to remove the facilities and charge all costs for the removal to the Licensee, or to treat the facilities as abandoned and to assume ownership and use of the facilities. Section 12.03. The Licensee may surrender any Permit and remove its Facilities from the affected Poles. The Licensee will give the City written notice of the surrender. No refund of any fees or costs will be made. If the Licensee surrenders a Permit but fails to remove the Licensee's Facilities from the Poles within 30 days, 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. ARTICLE 13. INSPECTION OF LICENSEE'S FACILITIES Section 13.01. The City reserves the right to make periodic system-wide inspections of the Licensee's Facilities, with City personnel or through contractors. The Licensee will reimburse the City for the actual cost of the system-wide inspections. If the City performs a system-wide inspection of the Licensee's Facilities and the facilities of Other Licensees, the City will equitably allocate the cost of the inspection among the Attaching Entities. 12 C:\TEMP\Fiber America pole att.doc