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Section 20.03. The Licensee will not grant any form of sub-license to any third party to place Attachments on Poles directly or through overlashing, nor will the Licensee place Attachments for the benefit of any third party on the Poles, without the advance written consent of the City. Any such action will constitute a material breach of this Agreement. ARTICLE 21. TERMINATION OF AGREEMENT Section 21.01. Notwithstanding the City's rights under Article 12, the Licensee will be in default of this Agreement if the Licensee: A. fails to comply with any term or condition of this Agreement, with allowance for any provisions of this Agreement requiring notice and a cure period, if applicable; B. constructs, operates or maintains the Licensee's Facilities in violation of law or in aid of any unlawful act or undertaking; C. constructs, operates or maintains the Licensee's Facilities after any authorization required of the Licensee has lawfully been denied, suspended or revoked by any governmental or private authority; or D. fails to maintain all insurance coverage required under this Agreement in full force and effect, subject to cure within any applicable cure period. Section 21.02. The City will notify the Licensee in writing of any default. The Licensee will take action so that the default is corrected within the correction period stated in the notice. The Licensee will confirm in writing to the City within the correction period that the default has been corrected. If the Licensee fails to timely correct the default or deliver the required confirmation, the City may immediately terminate this Agreement in its entirety, or with respect to specifically identified Attachments of the Licensee. In the event of termination of this Agreement or of authorization for any specific Attachments, the City may direct the Licensee to remove the Licensee's Facilities under the terms of Article 11. Section 21.03. The City's pursuit of one or more remedies for any default by the Licensee will not constitute an election of remedies by the City. ARTICLE 22. TERM OF AGREEMENT Section 22.01. This Agreement will become effective upon its execution and, if not terminated in accordance with other provisions of this Agreement, will continue in effect for a term of five years. Either party may terminate this Agreement at the end of the five year term by giving to the other party written notice of an intention to terminate the Agreement at least 90 days prior to the end of the the term. If neither party gives such notice, this Agreement will automatically continue in force until terminated by either party after 90 days written notice. 19 C:\TEMP\Fiber America pole att.doc