Agmt99 RCN Telecom Services - Laserfiche WebLink

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~~~_~__QLGeQgIaphic .._DataSystem5-software)_containingJ:beJulLset~.oLpla]s ~and_.reco[d_-- .- -~..~~- drawings. The delivery by RCN to City of the above referred plans and record drawings shall not relieve any third party of any legal or regulatory requirements with respect to location of facilities in the Right-of-way and shall not be deemed to impose any responsibility or duty (other than the responsibility, or duty, if any, imposed by Laws) with respect to any third party. To the extent directional boring or other similar methods are used to construct or install the Facilities, RCN also shall pothole all City mains and customer services lines prior to crossing over, under, or between such Underground Facilities. RCN shall identify the Fiber Optic Network Facilities installed in each Public Right-of-Way by means of an identification method mutually agreed upon by City and RCN. Such identification shall be detectable from ground level without opening the street. (c) In the event that City adopts an ordinance which imposes a trench cut fee (the "TCF Ordinance") on entities doing excavation work within the City, RCN agrees that it shall pay, upon demand, the applicable fees set forth by the TCF Ordinance. RCN further agrees that, prior to October 1, 1999, it will (1) limit the construction of its Facilities to the area located west of Highway 101 and (2) not partake in any underground construction in the area of the City bounded by Highway 101, Brewster Avenue, the JPB railroad tracks, and Maple Street. (d) City intends to retain the services of an inspector ("Inspector") for the duration of the work of improvements. Agmt-245 G\shared\shared\Redwoo d\Coun e i1 FXS/fs 03/15/99 04/05/99; 04/20/99 RCN agrees to pay all invoices presented 16