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7.3 No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further sums payable under this Agreement or for the performance of any obligation hereunder. Section 8. Term and Renewal. The term of this Agreement shall be for ten (10) years commencing on the date hereof, and shall automatically renew for three (3) additional five (5) year periods thereafter, unless Grantee notifies the City of its intent not to renew at least ninety (90) days prior to the end of the then current term. Notwithstanding the foregoing, either party may terminate this Agreement in the event the other party materially breaches a provision herein and the breach is not cured within sixty (60) days after receipt of written notice thereof from the non - breaching party. If the nature of the breach reasonably requires more than sixty (60) days to cure, the breaching party will not be in default hereunder if such party promptly commences such cure and is diligently pursuing same. Section 9. Removal and Relocation. Grantee may remove one or more Wireless Facilities from time to time during the term, in which event Grantee shall provide advance notice thereof to the City and shall comply with any applicable requirements of Chapter 32 of the City Code. If Grantee seeks to remove a Wireless Facility from a Wireless Support Structure which was constructed pursuant to Grantee's rights under this Agreement, then unless otherwise approved in writing by the City Engineer or designee the Grantee also shall remove the Wireless Support Structure and patch and repave as necessary to return the area to its condition prior to construction of the Wireless Support Structure, reasonable wear and tear excepted. After the work to remove a Wireless Facility has been completed and the Wireless Facility (and Wireless Support Structure, if applicable) has been removed, Grantee shall have no further obligations or liability, including for the payment of annual fees, in connection therewith. If Grantee ceases use of a Wireless Facility attached to a City Facility, Grantee shall promptly notify the City and shall cause removal of the Wireless Facility within sixty days of the cessation of use at Grantee's sole expense. The City may require Grantee to relocate a Wireless Facility or a Wireless Support Structure owned or controlled by Grantee or an Affiliate under the circumstances permitted by applicable law, and in such event Grantee shall relocate such Wireless Facility or Wireless Support Structure within one hundred eighty (180) days (or such shorter time as is reasonably required by the City in case of an emergency) to a mutually acceptable location at Grantee's cost. The City shall make a reasonable effort to provide Grantee with a mutually agreeable alternate location in the Public Way for such relocation of Grantee's Wireless Facility or Wireless Support Structure that technologically and functionally satisfies Grantee's requirements. Upon the termination or expiration of this Agreement, the City may request in writing the removal of any or all of Grantee's Wireless Facilities and /or any or all of Grantee's Wireless Support Structures from the Public way and Grantee shall cause such removal within 90 days of the City's request. Section 10. No Interference. Grantee shall not install Wireless Facilities which interfere with the City's existing facilities or equipment or with equipment previously installed within the Public ways by authorized utilities, wireless providers, or other entities, provided in each case that the City, authorized utility, wireless provider, or other entity is utilizing such spectrum in a manner permitted by applicable law. In the event any Wireless Facilities installed by Grantee interfere with the City's communications infrastructure operating at an authorized frequency, upon notice from the City Grantee shall take steps to immediately correct and eliminate such interference. If Grantee fails to correct and eliminate such interference within 24 hours of notice thereof, or such lesser time as is reasonable in the case of interference to City emergency communications infrastructure, the City shall have the option (but not the obligation) to require Grantee to cease the use of the interfering Wireless Facilities until the interference is resolved. The City and Grantee covenant and agree to act with diligence and in good faith to resolve any said issues. To minimize any potential for interference, upon request of Grantee the City shall provide such information regarding its communications infrastructure which it is legally authorized to provide. Notwithstanding the foregoing, the City shall not be obligated to provide any information regarding its communications infrastructure the release of which could, in the discretion of the City, pose a security risk. Section 11. Transfer of Ownership. This Wireless Facilities Franchise is not assignable or transferrable, in whole or in part, without the express written permission of City, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Grantee may assign, -5-