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installation, maintenance, and operation of, the Facilities and the rendering of <br />Telecommunication Services under this Agreement. <br /> <br /> 24, Availability of Facilities. QWEST shall allow the City to connect with its facilities <br />pursuant to prices, terms and conditions to be negotiated with City at the time such connection is <br />sought. QWEST shall use its best effort to also make its facilities available to residents and <br />businesses within the City in accordance with applicable rules and regulations of the California <br />Public Utilities Commission. <br /> <br /> 25. Attorney's Fees. In the event of litigation between the Parties hereto, the prevailing <br />party shall be entitled to reasonable attorney's fees and costs. <br /> <br /> 26. Miscellaneous Provisions. (a) QWEST' network operations available to the staff <br />employees of any City department staff having jurisdiction over QWEST' activities 24 hours a <br />day, 7 days a week, regarding problems or complaints resulting from the Facilities installed <br />pursuant to this Agreement. City may contact by telephone the network control center operator <br />by telephone number (800) 283-4237 regarding such problems or complaints. <br /> <br /> (b) This Agreement shall be governed and construed by and in accordance with the laws <br />of the State of California. In the event that suit is brought by a party to this Agreement, the <br />parties agree that trial of such action shall be vested exclusively in the state courts of California, <br />County of San Mateo, or in the United States District Court, Northern District of California, in the <br />County of San Francisco. <br /> <br /> (c) All exhibits referred to in this Agreement and any addenda, attachments, and <br />schedules which may, from time to time be referred to in any duly executed amendment to this <br />Agreement are by such reference incorporated in this Agreement and shall be deemed a part of <br />this Agreement. <br /> <br /> (d) To the extent the provisions of this Agreement and any permit required to be obtained <br />by QWEST from City are in conflict, the provisions of the Agreement or any permit which impose <br />the higher or greater legal duty or obligation upon QWEST shall take precedence. <br /> <br />Agmt-433 24 <br />F:/Shared/Redwood/Council <br />FXS:djk <br />01/04/01 <br /> <br /> <br />