Agmt99 Nextlink California - Laserfiche WebLink

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proposed City installation, NEXTLINK 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, NEXTLINK 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 NEXTLINK and NEXTLINK shall reimburse the City any and all expenses, including administrative overhead. If NEXTLINK shall fail to vacate or otherwise remove the Facilities as required by City, City shall be entitled to vacate or otherwise remove the Facilities at NEXTLlNK's sole cost and expense. In such event, NEXTLINK shall execute such documents of title as will convey all right, titled, and interest in the dedicated Facilities, or any party 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" Sh/rwc/council/agmt Agmt-26 1 FXS/fs 05/11/99 11