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Company's Facilities interfere with the use or disposal of the Public Rights-Of-Way, the City, at its
<br /> sole discretion, may elect to require Company to relocate the said portion in accordance with Article
<br /> 6 of this Agreement.
<br /> 5.2.2 For failure, neglect, or refusal by the Company to fully and promptly comply
<br /> with any and all of the conditions of this Agreement, or for nonuse in accordance with Section 6.2
<br /> herein, unless Company confirms within thirty (30) days of receipt of the notice that the cited
<br /> condition has ceased, been corrected or, subject to the City's agreement, is diligently being pursued
<br /> by the Company;
<br /> 5.2.3 An order entered by a court of competent jurisdiction approving a petition in
<br /> bankruptcy or ordering the dissolution, winding up or liquidation of Company or appointing a
<br /> custodian, receiver, trustee, or other officer to administer a substantial part of Company's property.
<br /> 5.2.4 The revocation, expiration or other loss of applicable permits or authorizations
<br /> required by City, state or federal law for the use, maintenance or operation of the Facilities.
<br /> 5.3 Occupancy/RemovaVAbandonment upon Termination. Company shall
<br /> discontinue use of the Facilities immediately upon termination of this Agreement and within one
<br /> hundred and twenty(120)days after termination of this Agreement, Company shall either completely
<br /> remove the Facilities at Company's sole cost and expense or, with City approval, abandon the
<br /> Facilities in place. The provisions of Articles 6.2-6.4 shall govern any such removal or abandonment.
<br /> Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent
<br /> circumstances and may authorize a longer period if it is in the public interest. If Company fails to
<br /> remove the Facilities within the prescribed time period and the City has not approved abandonment
<br /> in place,the City may remove the Facilities at the expense of Company,and Company shall promptly
<br /> reimburse the City for any and all expenses, including but not limited to adm�inistrative, legal and
<br /> consultant costs, within thirty (30) days after receiving an invoice from the City.
<br /> ARTICLE 6
<br /> REMOVAL, RELOCATION AND ABANDONMENT
<br /> 6.1 Upon receipt of a written demand from the City, Company, at its sole cost and
<br /> expense, shall remove and relocate any Facilities installed, used and/or maintained by Company
<br /> under this Agreement when such removal or relocation is made necessary (a) due to any work
<br /> proposed to be done by or on behalf of the City or other governmental agency, including but not
<br /> limited to, any change of grade, alignment or width of any street, sidewalk or other public facility,
<br /> installation of curbs, gutters or landscaping and installation, construction, maintenance or operation
<br /> of any underground or aboveground facilities such as sewers, drains, pipes, power lines, and tracks
<br /> or(b)due to a determination by the City that the Facilities are detrimental to governmental activities.
<br /> Company shall complete the removal or relocation within ninety (90) days of receipt of notice from
<br /> the City or according to an agreed upon schedule with the City of no less than ninety (90) days.
<br /> Notwithstanding the faregoing, the City Engineer may require a shorter period due to exigent
<br /> circumstances and may authorize a longer period if it will not delay the public project. If Company
<br /> fails to remove or relocate the facilities within the prescribed time period, City may remove the
<br /> facilities at the expense of Company, and Company shall promptly reimburse the City for any and
<br /> all expenses, including administrative, legal and consultant costs, within thirty (30) days after
<br /> receiving an invoice from the City. Any removal or�relocation work by Company shall only be done
<br /> ATTY/AGR/2015.260/OPTIC ACCESS,LLC FIBER OPTIC FACILITIES
<br /> REV:01-07-16 JS&VR
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