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<br />-_.~_.. <br /> <br />---. protect,reconstruct, reinstall,. relocate,.... . remove, and replace the facilities <br /> <br />underground or on existing poles, to the extent RCN may gain access to these <br /> <br />poles consistent with the rights of third parties under applicable Laws and all <br /> <br />existing and future agreements, within the Public Right-of-Way for the purposes <br /> <br />of providing Telecommunications Services to Persons located within the limits of <br /> <br />the City. Any work performed pursuant to the rights granted to RCN under this <br /> <br />Agreement shall be subject to the prior review and approval of the Director. <br /> <br />(d) Subject to the approval of City's Director, the construction, installation, <br /> <br />operation, maintenance and removal of said Fiber Optic Network Facilities shall <br /> <br />be accomplished without cost or expense to City and in such a manner as not to <br /> <br />endanger Persons or property, or unreasonably obstruct travel on any road, walk <br /> <br />or other access thereon within said Public Right-of-Way. <br /> <br />4. Compliance with Standards. <br /> <br />(a) RCN agrees to keep said Fiber Optic Network Facilities in good and <br /> <br />safe condition and free from any nuisance, to the reasonable satisfaction of City's <br /> <br />Director. <br /> <br />(b) RCN shall construct, install, operate and maintain all Fiber Optic <br /> <br />Network Facilities in accordance and in conformity with all applicable City, State, <br /> <br />Federal and regulatory agency Laws, ordinances, rules and regulations. <br /> <br />5. Service Chanae. RCN provides Telecommunications Services in <br /> <br />California pursuant to all Laws, including federal law and its Certificates of Public <br />Agmt-245 <br />G\shared\shared\Red wood\Coun cil <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />8 <br />