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Agmt01 Qwest Communications
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Agmt01 Qwest Communications
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Last modified
7/5/2005 2:52:46 PM
Creation date
5/6/2002 1:24:44 PM
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Template:
Agreement
Contractor Name
Qwest Communications
PROJECT NAME
Encroachment public right-of-way
RMP File Number
304
Date
5/17/2001
Reso Ref
14125
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and void. <br /> <br /> 20. Third-Party Modifications, This Agreement shall be subject to such changes or <br />modifications as may be required or authorized by any regulatory body or commission in the <br />exercise of its lawful jurisdiction and any modification, revision, renewal, or extension of this <br />Agreement shall so state. <br /> <br /> 21. Termination. (a) This Agreement may be terminated by City upon ninety (90) <br />days written notice to QWEST if City determines in a non-discriminatory manner, that the <br />provisions herein interfere with the use or disposal of said Public Right-of-Way or any part <br />thereof by City. Where only a portion of QWEST' Fiber Optic Network Facilities interferes with <br />the use or disposal of said Public Right-of-Way, QWEST may relocate the said portion in <br />accordance with Paragraph 8 of this Agreement. This Agreement may be terminated by City for <br />failure, neglect or refusal by QWEST to fully and promptly comply with any and all of the <br />conditions of this Agreement, or for nonuse, unless QWEST is able to show to the City's <br />satisfaction within thirty (30) days of receipt of the notice that the cited condition has ceased, <br />been corrected, or is diligently being pursued by QWEST. This Agreement may be terminated <br />by QWEST at any time, for any reason, by giving the City ninety (90) days' written notice. <br /> <br /> (b) Upon termination of this Agreement, and upon written request by City, QWEST, at its <br />own cost and expense, agrees to remove or, at City's discretion, abandon in place sot-ne or all of <br />its Fiber Optic Network Facilities from the Public Right-of-Way as set forth in the Re moval and <br />Relocation provisions of this Agreement. Should QWEST in such event fail, neglect or refuse to <br />make such removals or restoration within one hundred eighty (180) days of City's written <br />request, at the sole option of City, such removal and restoration may be performed by City at the <br />expense of QWEST which expense QWEST agrees to pay to City upon demand. <br /> <br /> 22. Notice. (a) QWEST' Network Operations Control Center shall be available to City <br />staff 24 hours a day, 7 days a week, regarding problems or complaints resultincj from the <br />facilities installed pursuant to this Agreement and may be contacted by telephone at (800) 283- <br /> <br />Agmt-433 22 <br />F:/Shared/Rcdwood/Council <br />FXS:djk <br />Ol/O'4/Ol <br /> <br /> <br />
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