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<br />--------_____sball,_in good. faith, ... useJts best efforts_to remove_and relocate lhe- Facilities <br /> <br />expeditiously. In the event said Fiber Optic Network Facilities are not removed or <br /> <br />relocated within said period of time, City may cause the same to be done at the <br /> <br />expense of RCN and RCN shall reimburse the City any and all expenses, <br /> <br />including administrative overhead. If RCN shall fail to vacate or otherwise remove <br /> <br />the Facilities as required by City, City shall be entitled to vacate or otherwise <br /> <br />remove the Facilities at RCN's sole cost and expense. In such event, RCN shall <br /> <br />execute such documents of title as will convey all right, titled, and interest in the <br /> <br />dedicated Facilities, or any party thereof, to City. As used in this Section "8" only, <br /> <br />"City" shall include any public agency of the State of California having a permit or <br /> <br />jurisdiction to place Facilities within the Public Right-of-Way. Notwithstanding the <br /> <br />definition given to the term "Facilities" in this Agreement under "Definitions," the <br /> <br />term Facilities, as used in this Section shall mean and refer to the Facilities and/or <br /> <br />any portion thereof. <br /> <br />(b) <br /> <br />Should City intend to authorize or permit installations of a third party <br /> <br />(not including any City-owned installations) to Public Right-of-Way jointly used <br /> <br />under this Agreement and should the proposed installation of such third party <br /> <br />require the rearrangement of any RCN Fiber Optic Network Facilities, City shall <br /> <br />require such third party to pay the reasonable cost of rearranging the Fiber Optic <br /> <br />Network Facilities (including administrative costs) before authorizing or permitting <br /> <br />the third party's installations. <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 />Such third party shall insure that RCN Fiber Optic <br /> <br />12 <br />