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<br />. _~installati~lLof a_d ditio n aLEa ci I iti es_tbJ~t ma y-_be.__COJ1S1LU_clecLQLinsJaUed__aLaJaleL_____- <br /> <br />date, whichever occurs last. RCN shall immediately on written notice from the <br /> <br />City commence and thereafter diligently and continually cause all necessary <br /> <br />repairs to be completed; however, under no circumstances may the period of time <br /> <br />to complete all necessary repairs exceed ninety (90) days or such longer period <br /> <br />of time as may be reasonably required to complete the same in the event of <br /> <br />circumstances such as Act of God, Force Majeure, strike or to the extent the <br /> <br />circumstances prevent the completion of the repairs. In the event the repairs are <br /> <br />not made, the City shall make repairs with the cost being billed to RCN. <br /> <br />(b) If Public Right-of-Way to be used by RCN has preexisting <br /> <br />installation(s) , RCN shall assume the responsibility to verify the location of the <br /> <br />preexisting installation and notify City of RCN's proposed installation. City will <br /> <br />endeavor to notify RCN of the location of preexisting installations insofar as it has <br /> <br />knowledge of such location provided that City shall have no liability whatsoever to <br /> <br />RCN or any other third party as a result of its failure to do so. The cost of any <br /> <br />work required of such third party or City to provide adequate space or required <br /> <br />clearance to accommodate RCN's installation shall be borne solely by RCN. <br /> <br />Agmt-245 <br />G\shared\shared\Redwood\Co une it <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />19 <br />