Seattle SMSA Limted Partnership dba Verizon 3/26/2020

19. Destruction of or Damage to the City Poles or any Site Structures 19.1. If a City Pole, or any portion thereof, is destroyed or damaged by fire or casualty so as to render the City Poles and/or Site Equipment unfit for use by the Company, and if in the reasonable judgment of the City,the damage cannot be repaired within ninety(90) days following the date of such damage, either party may terminate the applicable Site License Addendum upon written notice to the other party,whereupon the Site License Addendum shall terminate on the date of such notice and Company shall surrender the effected City Poles to the City within ninety (90) days. Within fifteen (15) days after such damage, City shall notify Company as to whether the City expects to complete such repair within ninety(90) days. If the City Poles are damaged by fire or casualty, but not rendered wholly unfit for use, Company may elect promptly to repair such damage to its Site Equipment. City shall not be liable to Company for any direct or indirect or consequential damages including but not limited to inconvenience, annoyance, or loss of profits,nor for any expenses,or any other damage resulting from the repair of such damage. Further, City shall not be responsible for any repair, modification, arranging, or rearranging of any portion of the City Poles or for the termination of the Site License Addendum as provided herein, unless the damage was caused by the willful misconduct or gross negligence of the City. 19.2. In the event the City Poles are rebuilt and/or repaired as outlined above, or either party decides to terminate the applicable Site License Addendum,Company may request that the City authorize the placement of temporary Site Equipment at a temporary location on another City Pole, which shall be approved at the City's sole discretion. If an area is approved by both the City and Company, Company may construct, operate and maintain a substitute Small Cell facility thereon until the Site Equipment is fully restored and operational or the Company enters into a replacement Site License Addendum. During the use of the temporary location, Rent shall continue and be payable to the City. 20. Condemnation If all or any portion of the City Poles is needed, taken, or condemned for any public purpose such that the Company cannot use its Site Equipment on the City Poles, either party may terminate this Agreement or the applicable Site License Addendum. All proceeds from any taking or condemnation of the Site or City Poles shall belong and be paid to the City. Company shall have all the rights to its Site Equipment and personal property, which shall not be included in any taking or condemnation. 21. Insurance 21.1. At Company's sole cost and expense, Company shall maintain throughout the term of this Agreement insurance as set forth in Exhibit E, attached hereto and incorporated herein. 21.2. Company's maintenance of insurance as required by this Section 21 shall not be construed to limit the liability of Company to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, 16