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collocated or otherwise modified wireless facility; (C) any application fees <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 /> (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 /> (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 /> (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 /> (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 /> Eligible Facilities Requests Policy(City of Pleasanton) page 26/26 <br />