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1.6 Facilities—means fiber optic cables, coaxial and copper cables, conduits, converters,
<br /> splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location marker,
<br /> appurtenances, and related facilities located or to be located in the Public Rights-Of-Way of the City
<br /> and used or useful for the transmission of telecommunication data.
<br /> ARTICLE 2
<br /> INSTALLATION AND MAINTENANCE OF FACILITIES
<br /> 2.1 Permitted Installations. During the term of this Agreement, Company may install,
<br /> maintain, operate, relocate and remove the Facilities within the City's Public Rights-Of-Way subject
<br /> to the issuance of required encroachment and building permits and approvals. The Facilities shall be
<br /> shown and described in permit applications filed with the City Engineer and may be modified by
<br /> subsequent permits approved by the City. All Facilities to be installed, maintained, operated,
<br /> relocated and removed under this Agreement shall be underground in areas where all existing utilities
<br /> are already underground or all new utilities are being installed underground;provided, however,that
<br /> in those areas where poles exist and electric and telephone lines are overhead, Company may install
<br /> fiber optic cables overhead if using the same poles (subject to the approval of the pole owner and
<br /> City); and further provided that whenever and wherever the owner of the poles moves its plant from
<br /> overhead to underground placement in an area,all Company's facilities must be relocated and moved
<br /> underground as directed by the City Engineer, at Company's expense, and in accordance with then-
<br /> existing City practices, policies and regulations.
<br /> 2.2 No Cost to City. The construction,installation,operation,maintenance,and removal
<br /> of any Facilities shall be accomplished (i) without cost or expense to the City and (ii) subject to the
<br /> prior approval of the City Engineer. Company shall maintain any such Facilities at all times in good
<br /> and safe condition and free from any nuisance to the satisfaction of the City Engineer.
<br /> 2.3 Compliance with Code. Company shall comply with the provisions of the Redwood
<br /> City Code, as may be amended from time to time (the "Code"), including Chapter 11, Privately
<br /> Owned Utilities, and Chapter 29 Streets, Sidewalks and Work In or Use of City Right-of-Way.
<br /> Company shall also comply with applicable provisions of the City's Zoning Code, as amended from
<br /> time to time (the "Zoning Code"). In the event of a conflict between this Agreement and the Code
<br /> and/or the Zoning Code, the provisions of the Code and/or the Zoning Code shall apply.
<br /> 2.4 Encroachment Permits. All work performed by Company under this Agreement
<br /> shall be made pursuant to individual encroachment permits. Company shall obtain encroachment
<br /> permits from the City far the installation of the Facilities and for any other work or activities within
<br /> the City's Public Rights-Of-Way as required by Chapter 29 of the Code. Company shall submit all
<br /> plans, schedules, and information required by the Code and the City Engineer. Company also shall
<br /> submit all required fees, cash deposits, bonds or other security required by the City Engineer in
<br /> accordance with the Code. All work within the Public Rights-Of-Way shall be performed in strict
<br /> compliance with the terms and conditions of this Agreement, the Code, and the pertinent
<br /> encroachment permit. Once a permit is issued, Company shall commence work and complete the
<br /> construction and installation of the Facilities in accordance with the Code and any construction
<br /> schedule approved by the City Engineer in the applicable permit.
<br /> 2.5 Compliance with Laws and Regulations. Company shall at all times during the
<br /> duration of this Agreement,comply with all state,federal and local laws and regulatory requirements,
<br /> ATTY/AGR/2015.260/OPTIC ACCE55,LLC FIBER OPTIC FACILITIES
<br /> REV:01-07-16 JS&VR
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