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<br />-; b- '20 <br /> <br />meet and fully perform any of its obligations; provided that WILLIAMS or its <br /> <br />contractor is first given written notice of any intent to draw against the bond and <br /> <br />an opportunity to cure. Following completion of the work by WILLIAMS or its <br /> <br />contractor and its inspection and acceptance by the Director, the performance <br />bond shall remain in effect to the extent of ten percent (10%) of the value of the <br /> <br />work performed under each Encroachment Permit to guarantee and assure that <br /> <br />faithful performance of WILLIAMS' obligations under this Agreement for a period <br /> <br />of one (1) year from the CitYs acceptance of the work performed under each <br /> <br />Encroachment Permit. City shall have the right to draw against the bond in the <br /> <br />event of a default by WILLIAMS or its contractor or in the event that WILLIAMS or <br />its contractor fails to'meet and fully perform any of its obligations. The form of the <br /> <br />performance bond shall be furnished and approved by the City. <br /> <br />11. <br /> <br />Damaae to Facilities in Public Ria~av or on ~ <br />Prooertv. . <br /> <br />(a) <br /> <br />WILLIAMS shall be responsible for any damage to City street <br /> <br />. pavements, existing utilities, curbs, gutters, sidewalks or to any private property or <br /> <br />improvements to the extent attributable to its installation, maintenance, repair or <br /> <br />removal of its Fiber Optic Network Facilities in Public Right-of-Way and shall <br /> <br />repair, replace and restore in kind any such damaged facilities at its sole expense <br /> <br />and to the approval of City. <br />Any premåture deterioration of the surface or subsurface improvements as <br /> <br />determined by City shall be the responsibility of WILLIAMS to the extent <br /> <br />attributable to WILLIAMS' activities. This responsibility shall survive this <br /> <br />R W CICounci1I Agmy <br />Agmt-341 <br />FXS/& <br />03/28100. 03130lOOR <br /> <br />. <br />