Laserfiche WebLink
(d) Subject to the approval of Director, the construction, installation, operation, <br />maintenance and removal of said Fiber Optic Network Facilities shall be accomplished without <br />cost or expense to City and in such a manner as not to endanger Persons or property, or <br />unreasonably obstruct travel on any road, walk or other access thereon within said Public Right- <br />of-Way. <br /> <br /> 4. Compliance with Standards. (a) QWEST agrees to keep said Fiber Optic Network <br />Facilities in good and safe condition and free from any nuisance, to the reasonable satisfaction <br />of Director. <br /> <br /> (b) QWEST shall construct, install, operate and maintain all Fiber Optic Network <br />Facilities in accordance and in conformity with all applicable City, State, Federal and regulatory <br />agency Laws, ordinances, rules and regulations. <br /> <br /> 5. Service Chanqe. QWEST provides Telecommunications Services in California <br />pursuant to all Laws, including federal law and its Certificates of Public Convenience and <br />Necessity received from the PUC. The type of service QWEST offers to its customers through <br />the Fiber Optic Network Facilities in Public Right-of-Way consists of business and residential <br />Telecommunications Services, including, but not limited to, supplying wholesale bandwidth to <br />telecommunications providers, which are presently permitted by Law. If the nature or character <br />of QWEST service changes to include additional or altemative services, including but not limited <br />to, community antenna television systems, commercial video programming, or open video <br />systems ("OVS"), QWEST shall give City as much advance written notice as practicable, and will <br />give at least six (6) months' prior written notice of the intent to change the service provided by <br />way of the Fiber Optic Network Facilities installed under this Agreement, and that comply with <br />the City's lawful fee and/or franchise requirements not included in any OVS agreement between <br />the City and QWEST, provided that in regards to commercial video programming, the prior <br />written notice to the City shall be thirty (30) days. QWEST acknowledges that any expansion or <br />change in the character or nature of the Telecommunications Services may increase City's <br /> <br />Agrnt-433 6 <br />F:/Shared/Redwood/Council <br />FXS:djk <br />01/04/01 <br /> <br /> <br />