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<br />I <br /> <br />I <br /> <br />I <br /> <br />constItute grounds for the CIty to tenmnate either the PermIt for the Attachments involved, or <br />thIS entIre Agreement. <br /> <br />4 06 The CIty'S servIce mamtenance and restoratIOn reqUIrements will take precedence over any <br />work of the LIcensee on the Poles. <br /> <br />4 07 The LIcensee will not use nsers on the Poles WIthout the CIty's express pnor wrItten <br />permISSIOn. On all Poles on whIch there are electnc aIr sWItches or nsers, the LIcensee wIll <br />mstallIts Attachments to the Pole~ usmg stand-off brackets approved by the CIty <br /> <br />ARTICLE 5. PRIVATE AND REGULATORY COMPLIANCE <br /> <br />5 01 The LIcensee wIll be responsible for obtammg from the appropnate pubhc and pnvate <br />authontIes and persons all authonzatIOns reqUIred by the authontIes or persons to construct, <br />operate and mamtam the LIcensee's FacIhtIes on pubhc and pnvate property before the LIcensee <br />makes any Attachments to the Poles. The City may reqUIre the LIcensee to submIt eVIdence that <br />appropnate authonzations have been obtamed before Issumg a PermIt to the LIcensee. The <br />LIcensee's obhgatIOns mclude, but are not hmIted to, the obtammg of approvals to occupy pubhc <br />or pnvate nghts-of-way and to pay all associated fees. The LIcensee wIll hold harmless, defend <br />and mdemnIfy the CIty from and agamst all costs and expenses, includmg the reasonable fees of <br />attorneys and expert WItnesses selected by the CIty, that the CIty may mcur as a result of any <br />claims that the LIcensee does not have suffiCIent nghts or authonty to mstall or maintam the <br />LIcensee's FacIhties at any locatIOn. <br /> <br />5 02 The LIcensee wIll ensure that the LIcensee's Facihties serve a lawful purpose at all tImes, <br />and the use of the LIcensee's FacIlItIes must comply WIth all apphcable local, state and federal <br />laws. <br /> <br />5 03 The hcense granted under thIS Agreement wIll not extend to any Pole where the attachment <br />of the LIcensee's FacIlItIes would result m an ImpaIrment or forfeIture of any nght or mterest of <br />the CIty If an Attachment would cause such an ImpaIrment or forfeIture, the LIcensee wIll <br />remove the Attachment wIthm the tIme speCIfied m a written notIce from the CIty The CIty may <br />remove the Attachment at the Licensee's expense If the LIcensee does not remove the <br />Attachment wIthm the tIme speCIfied m the notice. <br /> <br />5 04 Consent by the City to the installatIon or mamtenance of any Attachment of the LIcensee <br />WIll not be deemed to be an acknowledgment by the CIty that the LIcensee has the necessary <br />authonty to construct or mamtam the Attachment. <br /> <br />ARTICLE 6. PERMIT APPLICATION PROCEDURES <br /> <br />6 01 The Licensee wIll not mstall any Attachments on any Pole, other than a drop pole or hft <br />pole located on a customer's property, WIthout first applymg for and obtammg a PermIt from the <br />CIty'S Electnc UtIhty Department. The Licensee wIll not occupy or attach the Licensee's <br /> <br />7 <br />