indemnity provision shall be applicable regardless of the merit or outcome of such claim or suit. The indemnification set forth in this Section shall commence upon the issuance of a permit to the applicant.
O. Discontinuance or Abandonment
i. Notice . Within 90 days following written notice from the Town, small wireless facility owner shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the right(s)-of-way whenever the Town has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any Town improvement in or upon or the operations of the Town in or upon the right(s)- of-way. ii. Emergency Removal or Relocation . The Town retains the right and privilege to cut or move any small wireless facility located within the right(s)-of-way, as the Town may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Town shall notify the small wireless facility owner and provide the facility owner an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the facility owner after cutting or removing a small wireless facility. iii. Abandonment. The Town shall require removal of an abandoned small wireless facility within 180 days of abandonment. Should the facility owner fail to timely remove the abandoned small wireless facility, the Town may cause such small wireless facility to be removed and may recover the actual cost of such removal from the facility owner. A small wireless facility shall be deemed abandoned at the date the owner indicates in any way that it is abandoning such facility or 180 days after the date said small wireless facility ceases to be used, whichever comes first, unless the owner gives the Town reasonable evidence that it is diligently working to place such wireless facility back in service. P. Annual Right-of-Way Rates. The Town may only charge a small wireless facility owner for the use of a right-of-way to construct, collocate, install, mount, maintain, modify, operate or replace a utility pole, wireless facility or wireless support structure if the Town charges other communications service providers or publicly, cooperatively or municipally owned utilities for similar uses of the right-of-way, to the extent allowed under N.C. Gen. Stat. §160A-296. Charges authorized by this Section shall meet all of the following requirements:
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