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<br />NEXTLINK or its contractor or in the event that NEXTLINK or its contractor fails to <br /> <br />meet and fully perform any of its obligations. The form of the performance bond <br /> <br />shall be furnished and approved by the City. <br /> <br />11. <br /> <br />Damaae to Facilities in Public Riaht-of-Way or on Private <br />Property. <br /> <br />(a) <br /> <br />NEXTLINK shall be responsible for any damage to City street <br /> <br />pavements, existing utilities, curbs, gutters, sidewalks or to any private property or <br /> <br />improvements to the extent attributable to its installation, maintenance, repair or <br /> <br />removal of its Fiber Optic Network Facilities in Public Right-of-Way and shall <br /> <br />repair, replace and restore in kind any such damaged facilities at its sole expense <br /> <br />and to the approval of City. <br /> <br />Any premature deterioration of the surface or subsurface improvements as <br /> <br />determined by City shall be the responsibility of NEXTLINK to the extent <br /> <br />attributable to NEXTLlNK's activities. This responsibility shall survive this <br /> <br />Agreement and shall extend either for (i) a period of two (2) years following <br /> <br />NEXTLlNK's abandonment of NEXTLlNK's most recent installation of, or <br /> <br />improvements on, the Facilities; or (ii) the date of completion of the Facilities, <br /> <br />which will be constructed and installed by NEXTLINK upon approval of this <br /> <br />Agreement by City, as opposed to the construction and installation of additional <br /> <br />Facilities that may be constructed or installed at a later date, whichever occurs <br /> <br />last. NEXTLINK shall immediately on written notice from the City commence and <br /> <br />thereafter diligently and continually cause all necessary repairs to be completed; <br /> <br />Sh/rwc/councillagmt <br />Agmt-26 1 <br />FXS/fs <br />05/11/99 <br /> <br />17 <br />