Agmt01 Qwest Communications - Laserfiche WebLink

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8. Removal and Relocation. (a) QWEST shall remove or relocate, without cost or expense to City, any Fiber Optic Network Facilities installed, used and maintained under this Agreement if and when made necessary by any change of grade, alignment or width of any street, sidewalk, other public facility, and/or projects of the City or the Redevelopment Agency of the City of Redwood City, including the construction, maintenance or operation of any underground subway or viaduct by City and/or the construction, maintenance or operation of any other City, underground or aboveground facilities. The request by City to QWEST to remove or relocate its Fiber Optic Network Facilities shall be made on a non-discriminatory basis. In the event all or any portion of said Public Right-of-Way occupied by said Fiber Optic Network Facilities shall be needed by City or in the event the existence of said Fiber Optic Network Facilities shall be considered on a non-discriminatory basis detrimental to government activities, including, but not limited to interference by City construction proiects, or is in conflict vertically and/or horizontally with any proposed City installation, QWEST shall remove and relocate said Fiber Optic Network Facilities in an expeditious manner to such other location or locations on said Public Right-of-Way as may be designated by City. in regards to specific confined City projects, or other confined projects authorized by City, as opposed to City-wide projects, in no event shall completion of removal or relocation exceed one hundred twenty (120) days from the date of notification by City 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 removal or relocation. Provided, however, that if exigencies dictate a shorter period for removal or relocation, QWEST shall, in good faith, use its best efforts to remove and relocate the Facilities expeditiously. In the event said Fiber Optic Network Facilities are not removed or relocated within said period of time, City may cause the same to be done at the expense of QWEST and QWEST shall reimburse the City any and all expenses, including administrative overhead. If QWEST shall fail to vacate or otherwise remove the Facilities as required by City, City shall be entitled to vacate or otherwise Agmt-433 8 F:/Shmred/Redwood/Council F×S:djk 01/04/01