Impairment Caused by Change in City Use. (a) If any change in the nature of the City’s use of the License Area during the Term results in measurable material adverse impairment to Licensee’s normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence of the claimed impairment. Upon receipt of such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City’s determination within thirty (30) days of its receipt of notice from Licensee.
Impairment Caused by Change in City Use. If any change in the nature of the City’s use of the License Area during the Term results in measurable material adverse impairment to Licensee’s normal operation of its Equipment making it necessary to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence of the claimed impairment. Upon receipt of such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City’s determination. If the City determines in its sole discretion that mitigation is feasible and can be achieved for a reasonable cost in the City’s reasonable judgment, the City’s notice will specify when the City will mitigate the adverse effect. The City’s mitigation will effect a cure, and the City will not be liable to Licensee in any other way or be required to take any other measures with respect to the Equipment. If the City determines in its sole discretion that mitigation is not feasible or cannot be achieved for a reasonable cost in the City’s reasonable judgment, Licensee may elect either to: (1) terminate the Pole License as to the affected City Pole and receive a ratable reduction in the License Fee; or (2) take steps itself at its own cost to mitigate the adverse effect and continue to operate the Equipment on the City Pole, and receive from the City a waiver of the License Fee for the first six months of the following License Year under the affected Pole License to offset the cost of mitigation. Licensee agrees that the City’s temporary and partial abatement or waiver of the License Fee under this Section 27.2 will be the only compensation due to Licensee for costs incurred or otherwise arising from the adverse effect as liquidated damages fully compensating Licensee for all Claims that may arise or be related to the adverse effects. Under no circumstances may the City be required to alter its operations at the identified City Pole or provide a replacement City Pole to Licensee.
