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<br />Eligible Facilities Requests Policy (City of Pleasanton) page 18 / 26 <br />including, without limitation, Laws applicable to human exposure to RF <br />emissions until such time that the permittee demonstrates actual compliance <br />with such Laws. The permittee expressly acknowledges and agrees that this <br />obligation is intended to be broadly construed and that no other specific <br />requirements in these conditions are intended to reduce, relieve or otherwise <br />lessen the permittee’s obligations to maintain compliance with all Laws. No <br />failure or omission by the City to timely notice, prompt or promptly enforce <br />compliance with any applicable provision in this policy, the Municipal Code, any <br />permit, any permit condition or any applicable Laws shall be deemed to relieve, <br />waive or lessen the permittee’s obligation to comply in all respects with all <br />applicable provisions in this policy, the Municipal Code, any permit, any permit <br />condition or any applicable Laws. <br /> <br />(12) Adverse Impacts on Other Properties. The permittee shall use all reasonable <br />efforts to avoid any and all unreasonable, undue or unnecessary adverse <br />impacts on nearby properties that may arise from the permittee’s or its <br />authorized personnel’s construction, installation, operation, modificati on, <br />maintenance, repair, removal and/or other activities on or about the site. The <br />permittee shall not perform or cause others to perform any construction, <br />installation, operation, modification, maintenance, repair, removal or other work <br />that involves heavy equipment or machines except during the City’s normal <br />construction work hours authorized by the Municipal Code or as may be <br />specified in other permits authorizing such work. The restricted work hours in <br />this condition will not prohibit any work required to prevent an actual, immediate <br />harm to property or persons, or any work during an emergency declared by the <br />City or other state or federal government agency or official with authority to <br />declare an emergency within the City. The Director may issue a stop work order <br />for any activities that violates this condition in whole or in part. If the Director <br />finds good cause to believe that ambient noise from a wireless facility or related <br />equipment violates applicable provisions in this policy or the Municipal Code, <br />the Director, in addition to any other actions or remedies authorized by the <br />permit, the Municipal Code or other applicable Laws, may require the permittee <br />to commission a noise study by a qualified professional to evaluate the wireless <br />facility’s compliance. The permittee shall, at its sole cost and expense, repair <br />and restore any and all damages to public and private properties that result <br />from any activities performed in connection with the installation or maintenance <br />of a wireless facility. The permittee shall restore such areas, structures and <br />systems to the condition in which they existed prior to the installation or <br />maintenance that necessitated the repairs. If the permittee fails to complete <br />such repair within the number of days stated on a written notice by the Director, <br />the City may (but shall not have the obligation to) cause such repair to be <br />completed at permittee’s sole cost and expense. <br /> <br />(13) Annual Affirmation of Radio Frequency Standards Compliance. On or <br />before January 30th in each calendar year, the permittee acknowledges and <br />agrees that the permittee shall submit: (A) an affirmation, signed by an RF <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5