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(20) years each (each, a "Renewal Term," and, together with the Initial Term, the "Term"). If
<br /> SiFi elects to not renew this Agreement the system will be deemed abandoned and shall become
<br /> the property of the City. If due to an uncured breach by SiFi of this Agreement,the City elects to
<br /> not renew after the initial 30 year term, or after the first 20 year renewal term, the City shall give
<br /> timely notice of the same and the state the reasons for their decision in writing.
<br /> 2.3 License.
<br /> (i) City hereby grants and conveys,under terms provided herein to SiFi,and its licensees,
<br /> successors, lessees, transferees, and assigns, a license ("License') to enter and occupy permitted
<br /> portions of the Public Way and/or other City owned-land including for up to 2 specific Shelter
<br /> locations as further described in Section 4.2,which locations will be mutually agreed upon in good
<br /> faith between the City and Licensee(the"License Area"), for the purposes of erecting,installing,
<br /> constructing, operating, repairing, replacing, reconstructing, removing, maintaining, using and
<br /> retaining said System, including, wires, cables, ducts, conduits, connectors, vaults, manholes,
<br /> manhole covers, fencing, pedestals, appliances, splitters, attachments, and other property,
<br /> equipment, components, materials, apparatus and appurtenances to the System and the Facilities
<br /> (the "Improvements"): This License is subject to easements, covenants, conditions, and
<br /> regulations in existence and pertaining to the Public Way as of the date hereof.
<br /> (ii)Subject to existing easements,covenants,conditions,and regulations in existence, SiFi
<br /> shall be permitted to make such alterations to the License Area as are reasonably necessary to
<br /> erect,install,construct,repair,replace,reconstruct,remove,maintain,operate,and use,the System
<br /> including,without limitation,the Improvements,and adding and moving electrical lines and other
<br /> utilities and apparatus after securing the permission of the owner of other utilities and
<br /> appurtenances either directly or through the local permitting process. SiFi shall be responsible for
<br /> all costs incurred in the alterations. All construction, installation, maintenance and repair of the
<br /> License Area shall be conducted so as to interfere as little as practicable with City's use and
<br /> operation of the Public Way. The installation of the System and alterations by SiFi in the License
<br /> Area shall be done in a good and workmanlike manner by competent personnel or contractors, in
<br /> conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from
<br /> any liens for labor or materials. Any damage to the License Area caused by reason of the exercise
<br /> of SiFi's rights hereunder shall be corrected and restored, as described in the City permit for the
<br /> work,to substantially the same as its pre-construction condition as soon as practically possible and
<br /> shall be performed by SiFi at its sole cost and expense.
<br /> (iii) SiFi will maintain the Improvements in accordance with this Agreement.
<br /> (iv) SiFi shall not install or construct any other structures or improvements other than the
<br /> Improvements and associated appurtenances described herein, unless otherwise approved in a
<br /> permit.
<br /> (v) The Improvements installed within the License Area by SiFi shall be made at no
<br /> expense to City. SiFi shall be responsible, and assume all costs, for any relocation or protection
<br /> of any part of the System in the event the relocation or protection of the System is necessary due
<br /> to changes in any Public Way at any time during the term of this Agreement.
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