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establishing that the proposed Assignee has the capital and fiscal qualifications greater <br /> than or equal to Licensee's as it existed on the Effective Date; (iv) Licensee is in good <br /> standing under this License; (v) the assignee shall covenant to perform all Licensee's <br /> obligations under this License and Licensee will be and remain liable jointly and severally <br /> with the assignee for all obligations to be performed by assignee; and (vi) within 30 <br /> calendar days after Licensee receives a written demand from the City, Licensee shall <br /> reimburse the City for all reasonable and documented costs incurred by the City in <br /> connection with the Permitted Assignment. <br /> 20.3. Effect of Assignment <br /> No assignment by Licensee, consent to assignment by the City, or Permitted <br /> Assignment will relieve or release Licensee from any obligation on its part under this <br /> License, unless expressly provided in a writing signed by the City. Any assignment that <br /> is not in compliance with this Section 20 will be void and be a material default by Licensee <br /> under this License without a requirement for notice and a right to cure. The City's receipt <br /> or acceptance of any License Fee, Regulatory Fees, Reimbursement Fees, or other <br /> payments from a proposed assignee or transferee will not be deemed to be the City's <br /> consent to such assignment. <br /> 21. DEFAULT <br /> 21.1. Defaults and Cure Periods <br /> The parties agree that any failure to perform or observe any term, condition, obligation or <br /> other provision in this License shall be a default. For any monetary default, the defaulting <br /> party shall have 15 days after written notice from the non-defaulting party to perfect a <br /> cure. The defaulting party shall not be entitled to any additional time to cure a monetary <br /> default. For any non-monetary default, the defaulting party shall have 30 days after written <br /> notice from the non-defaulting party to perfect a cure; provided, however, that for any <br /> non-monetary default that cannot reasonably be cured within 30 days, the defaulting party <br /> shall have additional time as is reasonably necessary to perfect the cure if the defaulting <br /> party commences to cure the default within the first 30 days after notice and diligently <br /> pursues the cure to completion. <br /> 21.2. Licensee's Remedies <br /> Except as may be otherwise provided elsewhere in this License, Licensee's sole <br /> remedies for the City's uncured default will be (1) to terminate the License on 30 days' <br /> prior written notice; and (2) an action for damages subject to the provisions in Section 17 <br /> (Limitations on the City's Liability). <br /> 21.3. City's Remedies <br /> In addition to all other legal and equitable rights and remedies available to the City, the <br /> City will have the following remedies after an uncured default by Licensee: <br /> {00033905;%1} <br /> City of Pleasanton, CA 25 <br /> DRAFT Pole License Agreement <br />