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<br />NEXTLINK is in default on the date the option notice is given to City (the "Notice <br /> <br />Date") or at any time thereafter between the Notice Date and the end of the Term, <br /> <br />the Option Notice shall be void, ineffective, and of no effect. The option to extend <br /> <br />the Term shall be exercised, if at all, by sending a notice to extend the Term by <br /> <br />first class mail, postage prepaid, to the City no more than 120 Days but not less <br /> <br />than 90 Days from the expiration of the Term. <br /> <br />3. Scope of Permit. <br /> <br />(a) <br /> <br />City hereby agrees to permit NEXTLlNK, subject to reservations, <br /> <br />covenants and conditions herein contained, to construct, reconstruct, install, <br /> <br />reinstall, maintain and operate, replace, relocate and remove Fiber Optic Network <br /> <br />Facilities used for Telecommunications Services within Public Right-of-Way that <br /> <br />is located within the corporate limits of the City of Redwood City, subject to <br /> <br />obtaining all required permits and approvals. <br /> <br />(b) <br /> <br />This Agreement is not a grant by City of any property interest but is <br /> <br />made subject and subordinate to the prior and continuing right of City and its <br /> <br />assigns to lawfully use any or all of the Public Right-of-Way for City-owned <br /> <br />facilities in the performance of its duties, including but not limited to, public use as <br /> <br />a street and for the purpose of laying, installing, maintaining, repairing, protecting, <br /> <br />replacing and removing sanitary sewers, water mains, storm drains, gas mains, <br /> <br />poles, overhead and underground electric and telephone wires, electroliers, cable <br /> <br />television and other utility and municipal uses together with appurtenances <br /> <br />thereof and with right of ingress and egress, along, over, across and in said <br /> <br />Sh/rwc/council/agmt <br />Agmt-26 1 <br />FXS/fs <br />05/11/99 <br /> <br />6 <br />