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Agmt99 Nextlink California
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Agmt99 Nextlink California
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Last modified
7/5/2005 3:03:28 PM
Creation date
5/19/2005 11:11:40 AM
Metadata
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Template:
Agreement
Contractor Name
Nextlink California
PROJECT NAME
encroachment agreement
RMP File Number
304
Date
6/14/1999
Reso Ref
13640
Box
5901
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<br />in this Agreement under "Definitions," the term Facilities, as used in this Section <br /> <br />shall mean and refer to the Facilities and/or any portion thereof. <br /> <br />(b) <br /> <br />Should City intend to authorize or permit installations of a third party <br /> <br />(not including any City-owned installations) to Public Right-of-Way jointly used <br /> <br />under this Agreement and should the proposed installation of such third party <br /> <br />require the rearrangement of any NEXTLINK Fiber Optic Network Facilities, City <br /> <br />shall require such third party to pay the reasonable cost of rearranging the Fiber <br /> <br />Optic Network Facilities (including administrative costs) before authorizing or <br /> <br />permitting the third party's installations. <br /> <br />Such third party shall insure that <br /> <br />NEXTLINK Fiber Optic Facilities are not interrupted during the installation of their <br /> <br />Facilities. <br /> <br />(c) <br /> <br />If any portions of any previously activated line of the Fiber Optic <br /> <br />Network Facilities covered under this Agreement are no longer used by <br /> <br />NEXTLlNK, or are abandoned for a continuous period in excess of six (6) months, <br /> <br />NEXTLINK shall notify City and shall either promptly vacate or remove the <br /> <br />facilities at its own expense or, at City's discretion, may be allowed to abandon <br /> <br />some or all of the facilities in place. If NEXTLINK is permitted by City to abandon <br /> <br />its facilities in place, any such abandoned facilities shall be deemed conveyed to <br /> <br />City and NEXTLINK shall have no further obligation to remove, relocate or <br /> <br />maintain said facilities, except as hereinafter set forth. <br /> <br />Unless specifically <br /> <br />permitted by City in writing, which permission shall not be unreasonably withheld <br /> <br />or delayed, all boxes or other facilities exposed to the surface will be required to <br /> <br />Sh/rwc/council/agmt <br />Agmt-26 1 <br />FXS/fs <br />05/11/99 <br /> <br />12 <br /> <br />.. ._...~.. <br />
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