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<br />construed as granting or creating any franchise rights. <br /> <br />7. Reservation of Rights. The City is uncertain as to its legal ability to <br /> <br />regulate and to impose taxes, charges and fees on the provision or use of fiber <br /> <br />optics infrastructure and technology and related activities and services that may <br /> <br />be provided pursuant to the installation subject to this Agreement. Therefore, City <br /> <br />reserves any and all rights it may have now or in the future to legally regulate or <br /> <br />otherwise condition the use of the fiber optics infrastructure and technology and <br /> <br />related activities and services to be provided pursuant to the installation subject to <br /> <br />this Agreement. <br /> <br />City's agreement hereto is not a waiver of and is without prejudice to any <br /> <br />right City may have or acquire under law to regulate, tax or impose fees or <br /> <br />charges on RCN or any right RCN may have under the law to provide services <br /> <br />through the fiber optic infrastructure pursuant to state or federal laws, rules or <br /> <br />regulations. RCN shall be subject to any future taxes, fees or charges that the <br /> <br />City lawfully imposes on the fiber optics infrastructure and fiber optic services in <br /> <br />the future. Nothing herein shall affect in any way City's power or right to impose <br /> <br />or collect any tax or fee on users or providers of the services to be provided by <br /> <br />RCN. Nothing herein is intended to impose regulations or conditions on RCN that <br /> <br />City is preempted from imposing by state or federal Laws. <br /> <br />8. Removal and Relocation. <br /> <br />(a) RCN shall remove or relocate, without cost or expense to City, any <br />Agmt-245 <br />G\shared\shared\Redwood\Co un c il <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />10 <br />