Agmt01 Qwest Communications - Laserfiche WebLink

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attributable to its installation, maintenance, repair or removal of its Fiber Optic Network Facilities in Public Right-of-Way and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the approval of City. Any premature deterioration of the surface or subsurface improvements as determined by City shall be the responsibility of QWEST to the extent attributable to QWEST' activities. This responsibility shall survive this Agreement and shall extend either for (i) a period of two (2) years following QWEST' abandonment of QWEST' most recent installation of, or improvements on, the Facilities; or (ii) the date of completion of the Facilities, which will be constructed and installed by QWEST upon approval of this Agreement by City, as opposed to the construction and installation of additional Facilities that may be constructed or installed at a later date, whichever occurs last. QWEST shall immediately on written notice from the City commence and thereafter diligently and continually cause all necessary repairs to be completed; however, under no circumstances may the period of time to complete all necessary repairs exceed ninety (90) days or such longer period of time as may be reasonably required to complete the same in the event of circumstances such as Act of God, Force Majeure, strike or to the extent the circumstances prevent the completion of the repairs. In the event the repairs are not made, the City shall make repairs with the cost being billed to QWEST. (b) If Public Right-of-Way to be used by QWEST has preexisting installation(s), QWEST shall assume the responsibility to verify the location of the preexisting installations and notify the owner(s) thereof of QWEST' proposed installation. City will endeavor to notify QWEST of the location of preexisting installations insofar as it has knowledge of such location provided that City shall have no liability whatsoever to QWEST or any other third party as a result of its failure to do so. The cost of any work required of such third party or City to provide adequate space or required clearance to accommodate QWEST' installation shall be borne solely by QWEST. 12. Joint Participation With Other Utilities. (a) To the extent it is practicable to do so, QWEST shall cooperate with all other permittees, utilities, and permit applicants in the Agmt-433 13 F:/Shared/RedwooOdCounci] FXS:djk Ol/O4/Ol