Agmt01 Qwest Communications - Laserfiche WebLink

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remove the Facilities at QWEST' sole cost and expense. In such event, QWEST shall execute such documents of title as will convey all right, title, and interest in the dedicated Facilities, or any part thereof, to City. As used in this Section "8" only, "City" shall include any public agency of the State of California having a permit or jurisdiction to place Facilities within the Public Right- of-Way. Notwithstanding the definition given to the term "Facilities" in this Agreement under "Definitions," the term Facilities, as used in this Section shall mean and refer to the Facilities and/or any portion thereof. (b) Should City intend to authorize or permit installations of a third party (not including any City-owned installations) to Public Right-of-Way jointly used under this Agreement and should the proposed installation of such third party require the rearrangement of any QWEST Fiber Optic Network Facilities, City shall require such third party to pay the reasonable cost of rearranging the Fiber Optic Network Facilities (including administrative costs) before authorizing or permitting the third party's installations. Such third party shall insure that QWEST' Fiber Optic Facilities are not interrupted during the installation of their Facilities. (c) If any portions of any previously activated line of the Fiber Optic Network Facilities covered under this Agreement are no longer used by QWEST, or are abandoned for a continuous period in excess of six (6) months, QWEST shall notify City and shall either promptly vacate or remove the facilities at its own expense or, at City's discretion, may be allowed to abandon some or all of the facilities in place. If QWEST is permitted by City to abandon its facilities in place, any such abandoned facilities shall be deemed conveyed to City and QWEST shall have no further obligation to remove, relocate or maintain said facilities, except as hereinafter set forth. Unless specifically permitted by City in writing, which permission shall not be unreasonably withheld or delayed, all boxes or other facilities exposed to the surface will be required to be removed and the surface restored. (d) When removal or relocation is required under the Agreement, QWEST shall, after the removal or relocation of the Fiber Optic Network Facilities, at its own cost, repair and retum Agrnt433 9 F:/Shared/Redwood/Council FXS:djk 01/04/01