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<br />___fiber .Optic .. Network. Facilities. installed, . used and maintained. _under - this_. <br /> <br />Agreement if and when made necessary by any change of grade, alignment or <br /> <br />width of any street, sidewalk, other public facility, and/or projects of the City or the <br /> <br />Redevelopment Agency of the City of Redwood City, including the construction, <br /> <br />maintenance or operation of any underground subway or viaduct by City and/or <br /> <br />the construction, maintenance or operation of any other City, underground or <br /> <br />aboveground facilities. In the event all or any portion of said Public Right-of-Way <br /> <br />occupied by said Fiber Optic Network Facilities shall be needed by City or in the <br /> <br />event the existence of said Fiber Optic Network Facilities shall be considered <br /> <br />detrimental to governmental activities, including but not limited to, interference by <br /> <br />City construction projects, or is in conflict vertically and/or horizontally with any <br /> <br />proposed City installation, RCN shall remove and relocate said Fiber Optic <br /> <br />Network Facilities in an expeditious manner to such other location or locations on <br /> <br />said Public Right-of-Way as may be designated by City. In regards to specific <br /> <br />confined City projects, or other confined projects authorized by City, as opposed <br /> <br />to City-wide projects, in no event shall completion of removal or relocation exceed <br /> <br />one hundred twenty (120) days from the date of notification by City or such longer <br /> <br />period of time as may be reasonably required to complete the same in the event <br /> <br />of circumstances such as Act of God, Force Majeure, strike, or to the extent the <br /> <br />circumstances prevent the completion of the removal or relocation. Provided, <br /> <br />however, that if exigencies dictate a shorter period for removal or relocation, RCN <br />Agmt-245 <br />G\shared\shared\Red wood\Co un cil <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />11 <br />