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<br />auditor selected by City to conduct an audit in this regard. Audits shall not be <br /> <br />conducted more than biannually, and NEXTLINK or City shall pay on rebate such <br /> <br />amounts discovered by the auditor within sixty (60) days of receipt of the audit <br /> <br />report. <br /> <br />(c) NEXTLINK shall be solely responsible for the payment of all lawful <br /> <br />Fees charged in connection with the exercise of NEXTLlNK's right, title, and <br /> <br />interest in, and the construction, installation, maintenance, and operation of, the <br /> <br />Facilities and the rendering of Telecommunication Services under this <br /> <br />Agreement. <br /> <br />24. Availability of Facilities. <br /> <br />NEXTLINK shall allow the City to connect with its facilities pursuant to <br /> <br />prices, terms and conditions to be negotiated with City at the time such <br /> <br />connection is sought. <br /> <br />NEXTLINK shall also make its facilities available to <br /> <br />businesses within the City in accordance with applicable rules and regulations of <br /> <br />the California Public Utilities Commission. <br /> <br />25. Attorney's Fees. In the event of litigation between the Parties hereto, <br /> <br />the prevailing party shall be entitled to reasonable attorney's fees and costs. <br /> <br />26. Miscellaneous Provisions. <br /> <br />(a) NEXTLlNK's local control center shall be available to the staff <br /> <br />employees of any City department staff having jurisdiction over NEXTLlNK's <br /> <br />activities 24 hours a day, 7 days a week, regarding problems or complaints <br /> <br />resulting from the Facilities installed pursuant to this Agreement. <br /> <br />City may <br /> <br />Sh/rwc/councillagmt <br />Agmt-261 <br />FXS/fs <br />05/11/99 <br /> <br />33 <br /> <br />.~..,~.." <br />