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demand for reimbursement and reasonable documentation to support such <br /> costs. <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 /> (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 /> (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 /> (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 /> Section 15. SPECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION <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 /> 15(b) in addition to the findings required under Section 10(b). Each exception is <br /> specific to the facts and circumstances in connection with each application. An <br /> exception granted in one instance shall not be deemed to create a presumption or <br /> expectation that an exception will be granted in any other instance. <br /> Small Wireless Facilities Policy (City of Pleasanton) page 45/47 <br />