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4.3 PG&E may, from time to time, replace, modify, update and/or reposition existing SmartMeter Equipment without seeking CITY's prior approval and without incurring additional fees. 4.4 If this Agreement is terminated by PG&E prior to the expiration of the Effective Term of such twenty (20) year term, CITY shall have no obligation to refund any prepaid amounts paid to CITY. If this Agreement is terminated by CITY prior to the expiration of the Effective Term of such twenty (20) year term, CITY shall refund to PG&E a prorate apportion of such payment for the remaining years of such twenty (20) year term. 5. SAFETY PRECAUTIONS. PG&E shall perform all work on CITY- owned streetlight facilities in a workmanlike manner and in compliance with applicable federal, state, and local laws, rules and regulations. All work on such streetlight facilities shall be performed by PG&E's personnel or contractor operating from either a ladder or bucket truck. 6. RADIO FREQUENCY EMISSION REQUIREMENTS. PG&E will operate the PG&E SmartMeter Equipment in a manner that complies with the FCC's (or any more restrictive applicable standard subsequently adopted or promulgated by a governmental agency with jurisdiction) Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power for density for transmitters in an inhabited area. 7. REMOVAL OF SMARTMETER EQUIPMENT. CITY will use its best commercially reasonable efforts to provide PG&E ten (10) business days prior written notice of any non-emergency work that will, or may, affect the SmartMeter Equipment and/or the PG&E SmartMeter gas network. 7.1 In the event that CITY is required by law or unavoidable circumstance to remove any SmartMeter Equipment attached to CITY Property on an emergency basis, CITY will use its best commercially reasonable efforts to notify PG&E of such circumstance as soon as practicable and will take all due care in removing and storing the SmartMeter Equipment. 7.2 PG&E will provide CITY written notice within ten (10) business days of removing any SmartMeter Equipment from any CITY Property specifying the SmartMeter Equipment removed and the CITY Property from which it was removed. 7.3 PG&E will, at its expense, remove all remaining SmartMeter Equipment from CITY Property within one hundred eighty (180) days of the termination or expiration of this Agreement. Page 3 of 9 SM Streetlight License Agmt Template v8_2008_04_15 (3)