Seattle SMSA Limted Partnership dba Verizon 3/26/2020

be amended. In the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate the Agreement and to re-enter and repossess the City Poles, and hold the same as if said Agreement had never been made or issued. 25. Stop Work If Company defaults in the performance or observation of any covenant or agreement contained in this Agreement,the City,without notice if deemed by the City that an emergency exists,or if no emergency, with thirty(30) days' notice, may direct Company to stop work and may itself perform or cause to be performed such covenant or agreement and may enter upon the City Poles for such purpose. Such an emergency shall include, but not be limited to, endangerment of life, the City Poles, or rights of way, or failure of Company to obtain in a timely manner any insurance. Company shall reimburse the City the entire cost and expense of such performance by the City within thirty (30) days of the date of the City's invoice. Any act or thing done by the City under the provisions of this Section 25 shall not be construed as a waiver of any agreement or condition herein contained or the performance thereof. 26. Equipment Modification If at any time during the term of this Agreement, Company determines that technology has changed such that modifications to or replacement of the Site Equipment would result in better communication facilities for the Company, less interference with other communications facilities on the City Poles, or less physically or aesthetically obtrusive equipment, then, upon notice from Company, City and Company shall make every reasonable effort to cooperate to effectuate such modifications or replacements. Notwithstanding the foregoing, no such amendment of any affected Site License Addendum will be required if the modification or replacement of Site Equipment is of a similar type and size to the existing Site Equipment. It is within the City's sole discretion to determine whether Site Equipment is of a similar size and type to existing Site Equipment. Approval of the City under this Agreement to such modifications or replacements does not relieve Company from obtaining permits and/or Governmental Approvals as necessary to commence such modifications. 27. Prerequisites for Approval. Company acknowledges the following: 27.1. City Council review and approval is required prior to the City entering into this Agreement. 27.2. The Mayor authorizes the director of public works,or designee,to execute Site License Addendums consistent with this Agreement. 27.3. A fully executed Site License Addendum between the City and Company, and any required Governmental Approvals are required prior to construction or installation of the Site Equipment on the City Poles. 27.4. The execution of this Agreement by the City shall in no way constitute review and/or approval by other applicable jurisdictions and permitting authorities, including other City Departments. 27.5. The City requires the Company to obtain a telecommunications franchise from the City prior to the execution of this Agreement by the City. 20