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<br /> <br />Small Wireless Facilities Policy (City of Pleasanton) page 45 / 47 <br />rearrangement or relocation to be performed at the permittee’s sole cost and <br />expense. The City may exercise its rights to rearrange or relocate the <br />permittee’s small wireless facility without prior notice to permittee when the <br />Director determines that City Work is immediately necessary to protect public <br />health or safety. The permittee shall reimburse the City for all costs and <br />expenses in connection with such work within 10 business days after a written <br />demand for reimbursement and reasonable documentation to support such <br />costs. <br /> <br />(29) Truthful and Accurate Statements. The permittee acknowledges that the <br />City’s approval relies on the written and/or oral statements by permittee and/or <br />persons authorized to act on permittee’s behalf. In any matter before the City <br />in connection with this permit or the small wireless facility, neither the permittee <br />nor any person authorized to act on permittee’s behalf shall, in any written or <br />oral statement, intentionally provide material factual information that is incorrect <br />or misleading or intentionally omit any material information necessary to <br />prevent any material factual statement from being incorrect or misleading. <br /> <br />(30) Successors and Assigns. The conditions, covenants, promises and terms <br />contained in this permit will bind and inure to the benefit of the City and <br />permittee and their respective successors and assigns. <br /> <br />(31) Severable Conditions. If any provision in these conditions or such provision’s <br />application to any person, entity or circumstances is or held by any court with <br />competent jurisdiction to be invalid or unenforceable: (A) such provision or its <br />application to such person, entity or circumstance will be deemed severed from <br />this permit; (B) all other provisions in this permit or their application to any <br />person, entity or circumstance will not be affected; and (C) all other provisions <br />in this permit or their application to any person, entity or circumstance will be <br />valid and enforceable to the fullest extent permitted by law. <br /> <br />(b) Modified Conditions. The approval authority (or appellate authority) may modify, <br />add or remove conditions to any Small Cell Permit on a case-by-case basis as the <br />approval authority (or appellate authority) deems necessary or appropriate to: (1) <br />protect and/or promote the public health, safety and welfare; (2) tailor the standard <br />conditions in subsection (a) to the particular facts and circumstances associated <br />with the deployment; and/or (3) memorialize any changes to the proposed <br />deployment needed for compliance with this policy, the Municipal Code, generally <br />applicable health and safety requirements and/or any other applicable Laws. <br /> <br />Section 15. SPECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION <br /> <br />(a) Preface. The provisions in this Section 15 establish a procedure by which the City <br />may grant an exception to the standards in this policy but only to the extent <br />necessary to avoid conflict with applicable federal or state law. When the applicant <br />requests an exception, the approval authority shall consider the findings in Section <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5