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17.3. The City may transfer and assign its rights and obligations hereunder and no further <br /> liability or obligation shall thereafter accrue against the City hereunder, provided that <br /> the assignee or transferee assumes, in writing, all of the City's obligations under this <br /> Agreement, which shall remain in full force and effect. <br /> 18. Improvements,Fixtures and Personal Property; Inspection by City <br /> 18.1. The City agrees that, notwithstanding any provision of statutory or common law, the <br /> Site Equipment and any other Company improvements to the City Poles, including but <br /> not limited to personal property,shall not become part of the City Poles or any structure <br /> on the City Poles, but shall remain the exclusive property of the Company. <br /> 18.2. Prior to installing any new equipment or other improvements on the City Poles after <br /> the Effective Date or the effective date of any Site License Addendums,Company shall <br /> submit to the City for approval such information regarding the proposed work as the <br /> City may request, including,without limitation,plans and specifications of the planned <br /> modifications and Company's proposed construction schedule, for the City's written <br /> approval, these plans shall include the Emissions Report Letter required pursuant to <br /> Section 10.1 above. <br /> 18.3. For purposes of clarity, this Agreement is granted to Company by the City in its <br /> proprietary capacity as the owner of the City Poles. Section 6409(a) of the Spectrum <br /> Act and its implementing regulations shall not apply to the City's operation of such <br /> City Poles under this Agreement. Prior to commencing any construction activities on <br /> the City Poles, Company shall secure approval of the modifications and work schedule <br /> by the City. During any construction activities by Company on the City Poles, <br /> representatives of the City shall have the right to inspect any and all improvements and <br /> to require reasonable revisions to the Company's improvements to ensure that the <br /> respective uses of the City Poles are compatible. <br /> 18.4. Revisions to equipment listed in a Site License Addendum after initial installation shall <br /> require an amendment and payment of an"Administrative Amendment Fee"consistent <br /> with the costs associated with the City's processing of such amendment. Payment of <br /> this fee shall be due thirty (30) days after receipt of invoice. Notwithstanding the <br /> foregoing, an Administrative Amendment Fee, and an associated amendment will not <br /> be required for any modification or replacement of equipment that is of similar size <br /> and type as the existing equipment and does not increase the loading on the City Pole. <br /> It is within the City's sole discretion to determine whether equipment is of a similar <br /> size and type to existing equipment. Approval of the City under this Agreement to <br /> such modification or replacement does not relieve Company from obtaining permits <br /> and/or Governmental Approvals as necessary to commence such modifications. <br /> 18.5. The City may from time-to-time access the City Poles to inspect any work done by <br /> Company to ensure compliance with the approved plans and specifications,to require <br /> reasonable revisions to ensure that the respective uses of the City Poles are compatible <br /> or otherwise. Further,this right shall not impose any obligation upon the City to make <br /> inspections to ascertain the safety of Company's improvements or the condition of the <br /> City Poles. <br /> 15 <br />