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If to Licensee: <br />with a copy to: <br />749 Main Street <br />Louisville, CO 80027 <br />BIF IV Intrepid OpCo LLC <br />11001 W. 120th Ave, Suite 305 <br />Broomfield, CO 80021 <br />Attention: Chief Construction Officer <br />BIF IV Intrepid OpCo LLC <br />11001 W. 120th Ave, Suite 305 <br />Broomfield, CO 80021 <br />Attention: Regulatory <br />ARTICLE XV - EFFECT OF MORE FAVORABLE LICENSE AGREEMENTS <br />In the event that any wireline Telecommunications Provider offering Telecommunications <br />Services, other than cable services, for a fee to the public, or to such classes of users as to be <br />effectively available to the public is, following the execution of this License Agreement, granted <br />consent to use the City's Rights of Way pursuant to terms and conditions which, if applied to <br />Licensee, would be more favorable than those included herein, Licensee shall notify City of such <br />terms and conditions and Licensee shall have the option to renegotiate with City with respect to <br />such terms and conditions. <br />ARTICLE XVI - MISCELLANEOUS <br />1. This License Agreement shall inure to the benefit of and be binding upon the parties <br />hereto and their respective successors and assigns. No provision of this License Agreement shall <br />confer rights or benefits upon any person not a party hereto. <br />2. In the event that any term or provision of this License Agreement is declared to be <br />illegal, invalid, or unconstitutional, then that provision shall be deemed to be deleted from this <br />Agreement and have no force or effect and this Agreement shall thereafter continue in full force <br />and effect, as modified. <br />3. This License Agreement shall be governed by and interpreted in accordance with <br />the laws of the State of Colorado, without reference to its conflicts of law principles. Venue for <br />any legal action brought hereunder shall be in the federal or state courts for Boulder County, <br />Colorado, and in no other court, for purposes of any litigation related to the License Agreement <br />and irrevocably waives any defense of an inconvenient forum to the maintenance of any action or <br />proceeding in any such court, any objection to venue with respect to any such action or proceeding <br />and any right of jurisdiction on account of the place of residence or domicile. <br />4. Any and all provisions of this License Agreement which, by their nature, would <br />reasonably be expected to be complied with or performed after the expiration or termination of <br />this License Agreement, including without limitation the removal of Licensee Facilities and <br />Licensee's indemnification obligations, shall survive and be enforceable after the expiration or <br />14 <br />