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<br />Effective Date (the "Term") or sooner by operatingJaw, mutual agreement of the <br /> <br />parties, or as set forth in and pursuant to this Agreement. <br /> <br />(b) RCN is given the option to extend the Term of this Agreement for a <br /> <br />period of five (5) years following expiration of the Term. Provided that, if RCN is <br /> <br />in default on the date the option notice is given to City (the "Notice Date") or at <br /> <br />any time thereafter between the Notice Date and the end of the Term, the Option <br /> <br />Notice shall be void, ineffective, and of no effect. The option to extend the Term <br /> <br />shall be exercised, if at all, by sending a notice to extend the Term by first class <br /> <br />mail, postage prepaid, to the City no more than 120 Days but not less than 90 <br /> <br />Days from the expiration of the Term. <br /> <br />3. Scope of Permit. <br /> <br />(a) <br /> <br />City hereby agrees to permit RCN, subject to reservations, <br /> <br />covenants and conditions herein contained, to construct, reconstruct, install, <br /> <br />reinstall, maintain and operate, replace, relocate and remove Fiber Optic Network <br /> <br />Facilities used for Telecommunications Services within Public Right-of-Way that is <br /> <br />located within the corporate limits of the City of Redwood City, subject to <br /> <br />obtaining all required permits and approvals. <br /> <br />(b) <br /> <br />This Agreement is not a grant by City of any property interest but is <br /> <br />made subject and subordinate to the prior and continuing right of City and its <br /> <br />assigns to lawfully use any or all of the Public Right-of-Way for City-owned <br /> <br />facilities in the performance of its duties, including but not limited to, public use as <br />Agmt-245 <br />G\shared\shared\Redwood\Co un ci I <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />6 <br />