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<br />- ~- _~____a ncLassure_thaLfait hfuLp_enorrn a 0 eEL oiRGN.'~obJig ations__undeLthi~ee ment_____----- <br /> <br />for a period of one (1) year from the City's acceptance of the work performed <br /> <br />under each Encroachment Permit. City shall have the right to draw against the <br /> <br />bond in the event of a default by RCN or its contractor or in the event that RCN or <br /> <br />its contractor fails to meet and fully perform any of its obligations. The form of the <br /> <br />performance bond shall be furnished and approved by the City. <br /> <br />11. <br /> <br />Damaae to Facilities in Public Right-of-Way or on Private <br />Property . <br /> <br />(a) <br /> <br />RCN shall be responsible for any damage to City street pavements, <br /> <br />existing utilities, curbs, gutters, sidewalks or to any private property or <br /> <br />improvements to the extent attributable to its installation, maintenance, repair or <br /> <br />removal of its Fiber Optic Network Facilities in Public Right-of-Way and shall <br /> <br />repair, replace and restore in kind any such damaged facilities at its sole expense <br /> <br />and to the approval of City. <br /> <br />Any premature deterioration of the surface or subsurface improvements as <br /> <br />determined by City shall be the responsibility of RCN to the extent attributable to <br /> <br />RCN's activities. This responsibility shall survive this Agreement and shall extend <br /> <br />either for (i) a period of two (2) years following RCN's abandonment of RCN's <br /> <br />most recent installation of, or improvements on, the Facilities; or (ii) the date of <br /> <br />completion of the Facilities, which will be constructed and installed by RCN upon <br /> <br />approval of this Agreement by City, as opposed to the construction and <br /> <br />Agmt-245 <br />G\shared\shared\Re dwood\ Co unci I <br />FXS/fs <br />03/15/99 <br />04/05199; 04/20/99 <br /> <br />18 <br />