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<br />rendering of Telecommunication Services under this Agreement. <br /> <br />24. Availability of Facilities. <br /> <br />RCN shall allow the City to connect with its facilities pursuant to prices, <br /> <br />terms and conditions to be negotiated with City at the time such connection is <br /> <br />sought. RCN shall also make its facilities available to residents and businesses <br /> <br />within. the City in accordance with applicable rules and regulations of the <br /> <br />California Public Utilities Commission. <br /> <br />25. Attorney's Fees. In the event of litigation between the Parties hereto, <br /> <br />the prevailing party shall be entitled to reasonable attorney's fees and costs. <br /> <br />26. Miscellaneous Provisions. <br /> <br />(a) RCN's local control center shall be available to the staff employees of <br /> <br />any City department staff having jurisdiction over RCN's activities 24 hours a day, <br /> <br />7 days a week, regarding problems or complaints resulting from the Facilities <br /> <br />installed pursuant to this Agreement. City may contact by telephone the network <br /> <br />control center operator by telephone number <br /> <br />regarding such <br /> <br />problems or complaints. <br /> <br />(b) <br /> <br />This Agreement shall be governed and construed by and in <br /> <br />accordance with the laws of the State of California. In the event that suit is <br /> <br />brought by a party to this Agreement, the parties agree that trial of such action <br /> <br />shall be vested exclusively in the state courts of California, County of San Mateo, <br /> <br />or in the United States District Court, Northern District of California, in the County <br />Agmt-245 <br />G\shared\shared\Redw ood\Co un ei 1 <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />35 <br />