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requires more than sixty (60) days to cure, the breaching party will not be in default hereunder if such <br />party promptly commences such cure and is diligently pursuing same. <br />Section 9. Removal and Relocation. Grantee may remove one or more Wireless Facilities from <br />time to time during the term, in which event Grantee shall provide advance notice thereof to the City and <br />shall comply with any applicable requirements of Chapter 32 of the City Code. If Grantee seeks to <br />remove a Wireless Facility from a Wireless Support Structure which was constructed pursuant to <br />Grantee's rights under this Agreement, then unless otherwise approved in writing by the City Engineer or <br />designee the Grantee also shall remove the Wireless Support Structure and patch and repave as <br />necessary to return the area to its condition prior to construction of the Wireless Support Structure, <br />reasonable wear and tear excepted. After the work to remove a Wireless Facility has been completed <br />and the Wireless Facility (and Wireless Support Structure, if applicable) has been removed, Grantee shall <br />have no further obligations or liability, including for the payment of annual fees, in connection therewith. If <br />Grantee ceases use of a Wireless Facility attached to a City Facility, Grantee shall promptly notify the City <br />and shall cause removal of the Wireless Facility within sixty days of the cessation of use at Grantee's sole <br />expense. The City may require Grantee to relocate a Wireless Facility or a Wireless Support Structure <br />owned or controlled by Grantee or an Affiliate under the circumstances permitted by applicable law, and <br />in such event Grantee shall relocate such Wireless Facility or Wireless Support Structure within one <br />hundred eighty (180) days (or such shorter time as is reasonably required by the City in case of an <br />emergency) to a mutually acceptable location at Grantee's cost. The City shall make a reasonable effort <br />to provide Grantee with a mutually agreeable alternate location in the Public Way for such relocation of <br />Grantee's Wireless Facility or Wireless Support Structure that technologically and functionally satisfies <br />Grantee's requirements. Upon the termination or expiration of this Agreement, the City may request in <br />writing the removal of any or all of Grantee's Wireless Facilities and /or any or all of Grantee's Wireless <br />Support Structures from the Public way and Grantee shall cause such removal within 90 days of the <br />City's request. <br />Section 10. No Interference. Grantee shall not install Wireless Facilities which interfere with the <br />City's existing facilities or equipment or with equipment previously installed within the Public ways by <br />authorized utilities, wireless providers, or other entities, provided in each case that the City, authorized <br />utility, wireless provider, or other entity is utilizing such spectrum in a manner permitted by applicable law. <br />In the event any Wireless Facilities installed by Grantee interfere with the City's communications <br />infrastructure operating at an authorized frequency, upon notice from the City Grantee shall take steps to <br />immediately correct and eliminate such interference. If Grantee fails to correct and eliminate such <br />interference within 24 hours of notice thereof, or such lesser time as is reasonable in the case of <br />interference to City emergency communications infrastructure, the City shall have the option (but not the <br />obligation) to require Grantee to cease the use of the interfering Wireless Facilities until the interference is <br />resolved. The City and Grantee covenant and agree to act with diligence and in good faith to resolve any <br />said issues. To minimize any potential for interference, upon request of Grantee the City shall provide <br />such information regarding its communications infrastructure which it is legally authorized to provide. <br />Notwithstanding the foregoing, the City shall not be obligated to provide any information regarding its <br />communications infrastructure the release of which could, in the discretion of the City, pose a security <br />risk. <br />Section 11. Transfer of Ownership. This Wireless Facilities Franchise is not assignable or <br />transferrable, in whole or in part, without the express written permission of City, which consent shall not <br />be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Grantee may assign, <br />transfer or sublet its rights, without the consent of the City, to any Affiliate, or pursuant to any financing, <br />merger, asset or equity sale or reorganization of Grantee resulting in an otherwise legal and statutorily <br />acceptable successor, provided the City is advised of the action within thirty (30) days from the date of <br />assignment, transfer or sublet. Any successor(s) or assignees in whole or in part of Licensee shall be <br />bound by all of the terms and conditions of this Agreement and shall be subject to all provisions, <br />obligations, stipulations and penalties here prescribed. The parties agree and acknowledge that, <br />notwithstanding anything in this Agreement to the contrary, certain facilities deployed by Grantee in the <br />Public way pursuant to this Agreement may be owned and /or operated by Grantee's third -party wireless <br />carrier customers ( "Carriers ") and installed and maintained by Grantee pursuant to license agreements <br />between Grantee and such Carriers. Such facilities shall nevertheless be treated as Grantee's facilities <br />for all purposes under this Agreement and (a) Grantee shall remain responsible for all performance <br />