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C. METRICOM shall remove and replace or repair any non-functioning or malfunctioning RADIO REPEATER within forty-eight (48) hours of receiving notice of the malfunctioning or nonfunctioning RADIO REPEATER. D. Upon the completion of each task or phase of work to be performed by METRIC OM under this AGREEMENT and upon the expiration, completion or earlier termination of this AGREEMENT, METRIC OM shall promptly restore all work site areas to a clean and safe condition and to new construction standards ordinary wear and tear excepted. The provisions of this paragraph shall survive the expiration, completion or earlier termination of this AGREEMENT. E. Unless CITY and METRIC OM enter into an agreement that provides otherwise, upon the expiration, completion or earlier termination of this AGREEMENT, METRIC OM shall promptly, safely and carefully remove all RADIO REPEATERS from all CITY property and return the CITY property to the condition in which the property existed immediately prior to METRICOM's installation of the RADIO REPEATERS on the property ordinary wear and tear excepted, all in accordance with the work standards set forth in this AGREEMENT, which standards shall survive the expiration or earlier termination of this AGREEMENT until this removal work by METRIC OM is completed. If METRIC OM fails to commence this removal work within thirty (30) days from the expiration date or earlier termination date of this AGREEMENT or fails to diligently pursue this removal work to its completion, then CITY shall have the right to perform this removal work and charge METRIC OM for the costs and expenses incurred by CITY in performing this work and including any transportation and storage costs. METRIC OM shall pay to CITY the costs and expenses incurred by CITY in performing any removal work within ten (10) days of the date of a written demand for this payment from CITY. After CITY receives the reimbursement payment from METRICOM for the removal work performed by CITY, CITY shall promptly make available to METRICOM the equipment belonging to METRIC OM and removed by CITY pursuant to this SECTION. The provisions of this paragraph shall survive the expiration, completion or earlier termination of this AGREEMENT. F. METRIC OM acknowledges and agrees that METRICOM bears all risk of loss or damage of its equipment and materials installed on CITY property or in CITY's public rights of way pursuant to this AGREEMENT from any cause except that CITY shall be liable for the cost to repair or replace RADIO REPEATERS damaged by the negligent acts or omissions of the CITY, its employees, agents or subcontractors. Provided that City shall not be liable for removal, relocation, transportation, or storage, of any radio Repeater if the removal, relocation, storage, or transportation is done as a result of METRICOM' s failure to do so after receiving proper notice to do so by City. G. Notwithstanding any other provision herein and in addition to any other remedy contained herein, in the event METRIC OM fails to comply with the terms of Sections IB, lC, ID, and IE, City shall redwood3.doc 3 9/21/95 · ..... I