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<br />.... provisions herein interferewiththeuseordisposalofsaidPbJblic Right-of-Way or <br /> <br />any part thereof by City. Where only a portion of RCN's Fiber Optic Network <br /> <br />Facilities interferes with the use or disposal of said Public Right-of-Way, City, at <br /> <br />its sole discretion, may elect to require RCN to relocate the said portion in <br /> <br />accordance with this Agreement. This Agreement may be terminated by City for <br /> <br />failure, neglect or refusal by RCN to fully and promptly comply with any and all of <br /> <br />the conditions of this Agreement, or for nonuse, unless RCN is able to show to <br /> <br />the City's satisfaction within thirty (30) days of receipt of the notice that the cited <br /> <br />condition has ceased, been corrected, or is diligently being pursued by RCN. <br /> <br />This Agreement may be terminated by RCN at any time, for any reason, by giving <br /> <br />the City ninety (90) days' written notice. <br /> <br />(b) Upon termination of this Agreement, and upon written request by City, <br /> <br />RCN, at its own cost and expense, agrees to remove or, at City's discretion, <br /> <br />abandon in place some or all of its Fiber Optic Network Facilities from the Public <br /> <br />Right-of-Way as set forth in the Removal and Relocation provisions of this <br /> <br />Agreement. Should RCN in such event fail, neglect or refuse to make such <br /> <br />removals or restoration within one hundred eighty (180) days of City's written <br /> <br />request, at the sole option of City, such removal and restoration may be <br /> <br />performed by City at the expense of RCN which expense RCN agrees to pay to <br /> <br />City upon demand. <br /> <br />22. Notice. <br /> <br />Agmt-245 <br />G\shared\shared\Redwood\Co un e ¡I <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />32 <br />