New Cingular Wireless PCS LLC 7/31/2018

evidencing such increase as the result of Company's use, pay City for the incremental maintenance or repair costs incurred by the City. 15.6. In the event of any emergency in which any of Company's Site Equipment immediately endangers the property, life,health, or safety of any person, entity or the City Poles,or if Company's construction area is otherwise in such a condition as to immediately endanger the property, life,health, or safety of any person,entity or the City, Company shall immediately take the proper emergency measures to repair its Site Equipment and to cure or eliminate the dangerous conditions for the protection of property, life, health, or safety of any person, entity or the City. Company shall notify the City, orally or in writing, as soon as practicable following the onset of the emergency. The City retains the right and privilege to take proper emergency measures, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If the City becomes aware of an emergency before the Company, then the City shall notify Company by telephone promptly upon learning of the emergency and shall exercise reasonable efforts to avoid an interruption of Company's operations. 15.7. The City will not be liable in any manner, and Company hereby waives any claims, for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of the City's access to the Site Equipment, including the removal of Company's Site Equipment from a City Facility in an emergency, except damage resulting directly and exclusively from the gross negligence or willful misconduct of the City or its agents not contributed to by the acts, omissions, or negligence of Company, its agents, or contractors. 15.8. City may request that Company turn antennas and other Site Equipment producing radio frequency off when the City performs any work on the City Facility. The City will endeavor to provide Company 24-hours advanced oral notice to Company of maintenance and installation work with estimated outage time and required power- down of the Site Equipment. If the Company fails to turn off the Site Equipment producing radio frequency, the City may turn them off. 15.9. City shall not be liable for any damages to any person or property, nor shall Company be relieved from any of its obligations under this Agreement, as a direct or indirect result of temporary interruption in the electrical power provided to the City Poles. Under no circumstances shall City be liable for indirect, special, incidental, or consequential damages resulting from such an interruption. 16. Sub-license & Assignment by Company 16.1. Company may not sublicense or co-locate any other broadcast equipment on the City Poles or Site Equipment, without express written consent by City, which consent can be denied by the City for any reason. 16.2. Neither this Agreement, nor any rights created by it, may be assigned, or transferred without written permission from the City. Any such assignment shall be in writing on a form approved by the City and shall include an assumption of this Agreement and Company's obligations hereunder by the assignee. New Cingular Wireless PCS,LLC 13