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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 <br /> but not limited to personal property, shall not become part of the City Poles or any <br /> structure 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 <br /> shall submit to the City for approval such information regarding the proposed work as <br /> the City may request, including, without limitation,plans and specifications of the <br /> planned modifications and Company's proposed schedule,for the City's written <br /> approval, these plans shall include RF emissions tests consistent with the <br /> requirements of 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 <br /> schedule by the City. During any construction activities by Company on the City <br /> Poles,representatives of the City shall have the right to inspect any and all <br /> improvements and to require reasonable revisions to the Company's improvements to <br /> ensure that the respective uses of the City Poles are compatible. <br /> 18.4. Any revisions to equipment listed in Exhibit A or a Site License Addendum after <br /> initial installation shall require an amendment and payment of an"Administrative <br /> Amendment Fee"consistent with the costs associated with the City's processing of <br /> such amendment. Payment of this fee shall be due thirty(30)days after receipt of <br /> invoice. Approval of the City under this Agreement to such modifications does not <br /> relieve Company from obtaining permits and/or Governmental Approvals as <br /> 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 insure compliance with the approved plans and specifications, to require <br /> reasonable revisions to ensure that the respective uses of the City Poles are <br /> compatible or otherwise. Further, this right shall not impose any obligation upon the <br /> City to make inspections to ascertain the safety of Company's improvements or the <br /> condition of the City Poles. <br /> New Cingular Wireless PCS,LLC 15 <br />