Common use of Public Emergency Clause in Contracts

Public Emergency. In the event of an emergency or to protect the public health or safety, prior to the Licensor accessing or performing any work on a Municipal Facility on which Licensee has installed Small Cell Equipment, Licensor may require Licensee to deactivate such Small Cell Equipment if any of Licensor’s employees or agents must move closer to the Small Cell Equipment than the FCC recommended minimum distance. In such case, Licensor will attempt to contact Licensee at Licensee’s Network Operations Center at ▇▇▇-▇▇▇-▇▇▇▇ to request immediate deactivation. Further, Licensee shall install a disconnect device at each Municipal Facility on which it installs Small Cell Equipment pursuant to a Site Supplement so that in case of emergency or to protect the public health or safety where Licensee is not able to immediately deactivate the Small Cell Equipment, Licensor may disconnect such Small Cell Equipment from its power source and safely shut it down. In the event of an unplanned power outage or other unplanned cut-off of power, or an emergency, the power-down will be with such advance notice as may be practicable. In all instances, once the work has been completed and the worker(s) have departed the exposure area, the party who accomplished the power-down shall restore power and inform Licensee as soon as possible at Licensee’s Network Operations Center number provided above that power has been restored.