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<br />. ____nEaciJjtie$_arenotinterruptedduringJh.einstallatjonoUbeJr.EacilitiesL- ..-- - <br /> <br />(c) <br /> <br />RCN shall, at its sole cost and expense, replace aerial and/or <br /> <br />aboveground Fiber Optic Network Facilities, if any, with underground facilities in <br /> <br />accordance with the same Rule No. 32 that applies to Pacific Bell, as it now reads <br /> <br />or may hereinafter be amended. <br /> <br />(d) <br /> <br />If any portions of any previously activated line of the Fiber Optic <br /> <br />Network Facilities covered under this Agreement are no longer used by RCN, or <br /> <br />are abandoned for a continuous period in excess of six (6) months, RCN shall <br /> <br />notify City and shall either promptly vacate or remove the facilities at its own <br /> <br />expense or, at City's discretion, may be allowed to abandon some or all of the <br /> <br />facilities in place. If RCN is permitted by City to abandon its facilities in place, any <br /> <br />such abandoned facilities shall be deemed conveyed to City and RCN shall have <br /> <br />no further obligation to remove, relocate or maintain said facilities, except as <br /> <br />provided in Section 18 hereinafter. Unless specifically permitted by City in writing, <br /> <br />which permission shall not be unreasonably withheld or delayed, all boxes or <br /> <br />other facilities exposed to the surface will be required to be removed and the <br /> <br />surface restored. <br /> <br />(e) <br /> <br />When removal or relocation is required under the Agreement, RCN <br /> <br />shall, after the removal or relocation of the Fiber Optic Network Facilities, at its <br /> <br />own cost, repair and return the Public Right-of-Way on which the facilities were <br /> <br />located to a safe and satisfactory condition in accordance with the construction- <br />Agmt-245 <br />G\shared\share d\Red wood\Co un eil <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />13 <br />