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In the event that Licensee fails to pay any License Fee or any other amount payable to the City on the date that such amounts are due and unpaid, such amounts will be subject to a late charge equal to five percent (5%) of unpaid amounts. 5.4. Default Interest Any License Fee, Regulatory Fees, Reimbursement Fees and all other amounts payable to the City other than late charges will bear interest at ten percent (10%) per annum from the due date when not paid within 10 days after due and payable to the City. Any sums received shall be first applied towards any interest, then to the late charge and lastly to the principal amount owed. Any interest or late charge payments will not alone excuse or cure any default by Licensee. 5.5. City's Right to Cost Reimbursement Notwithstanding anything in this License to the contrary, the City shall be entitled to recover from Licensee the reasonable cost to furnish, provide and/or perform any services in connection with this License and any Regulatory Approvals issued or administered by the City, which includes without limitation any costs incurred by City staff or the City's contractors, consultants and experts to review permit applications, issue permits or supervise or inspect any construction, installation or other work in connection with this License. Payments by Licensee for any License Fee, Regulatory Fees, and Reimbursement Fees in connection with this License or any related Regulatory Approvals issued or administered by the City shall not relieve Permittee's obligation to reimburse the City for any and all actual costs incurred by the City in the future. Licensee shall reimburse the City for all such costs within 10 business days after a written demand for reimbursement and reasonable documentation to support such costs. The provisions in this Section 5.5 shall survive this License's expiration, revocation or termination. 5.6. City's Right to Fair Market License Fees Reserved Licensee acknowledges that: (a) the City is compelled by applicable Laws, which includes without limitation the Order, to accept certain cost-based rates and compensation; (b) but for such Laws, the City would be entitled to condition its assent to any lease, license or other agreement for attachments to its Vertical Infrastructure (such as this License) on consideration that exceed the City's costs; and (c) but for such Laws, the City would not assent to all the terms and conditions in this License. Licensee further acknowledges that, in the event that the Order or other such laws described in this Section 5.6 are repealed, invalidated, no longer effective or otherwise not applicable to the City, the then-current License Fee shown in Schedule 1 and the License Fee in all remaining years on the Term shall be automatically replaced by the amount(s) shown in Schedule 2 (City's Estimated Fair Market License Fees), attached hereto and incorporated herein. As an illustration, and not as a limitation, if the License Fee commenced in 2019 and the Order was invalidated in 2021, then the License Fee in 2021 would increase from $286.44 to $1,060.90, the License Fee in 2022 would be $1,092.73 and so on until the License expired in 2029 or was earlier terminated in accordance with its terms. {00033905,%1} City of Pleasanton, CA 9 DRAFT Pole License Agreement