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<br />Eligible Facilities Requests Policy (City of Pleasanton) page 26 / 26 <br />required for the application may not cover all such reimbursable costs and that <br />the permittee shall have the obligation to reimburse the City for all such costs <br />within 10 business days after a written demand for reimbursement and <br />reasonable documentation to support such costs; and (D) the City shall have <br />the right to withhold any permits or other approvals in connection with the <br />wireless facility until and unless any outstanding costs have been reimbursed <br />to the City by the permittee. <br /> <br />(25) 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 the EFR Approval or the collocation or other modification <br />authorized under the EFR Approval, neither the permittee nor any person <br />authorized to act on permittee’s behalf shall, in any written or oral statement, <br />intentionally provide material factual information that is incorrect or misleading <br />or intentionally omit any material information necessary to prevent any material <br />factual statement from being incorrect or misleading. <br /> <br />(26) Successors and Assigns. The conditions, covenants, promises and terms <br />contained in this EFR Approval will bind and inure to the benefit of the City and <br />permittee and their respective successors and assigns. <br /> <br />(27) 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 EFR Approval; (B) all other provisions in this EFR Approval or their <br />application to any person, entity or circumstance will not be affected; and (C) <br />all other provisions in this EFR Approval or their application to any person, <br />entity or circumstance will be valid and enforceable to the fullest extent <br />permitted by law. <br /> <br />(b) Modified Conditions. The approval authority (or appellate authority) may modify, <br />add or remove conditions to any EFR Approval 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 />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5