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AgdaPkt 2000-08-14
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AgdaPkt 2000-08-14
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Last modified
2/24/2021 8:42:53 AM
Creation date
6/28/2005 4:29:32 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
8/14/2000
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loA=+ 1°I <br /> construction, maintenance or operation of any other City, underground or <br /> aboveground facilities. In the event all or any portion of said Public Right-of-Way <br /> occupied by said Fiber Optic Network Facilities shall be needed by City or in the <br /> event the existence of said Fiber Optic Network Facilities shall be considered <br /> detrimental to governmental activities, including but not limited to, interference by <br /> City construction projects, or is in conflict vertically and/or horizontally with any <br /> proposed City installation, RCN shall remove and relocate said Fiber Optic <br /> Network Facilities in an expeditious manner to such other location or locations on <br /> said Public Right-of-Way as may be designated by City. In regards to specific <br /> confined City projects, or other confined projects authorized by City, as opposed to <br /> City-wide projects, in no event shall completion of removal or relocation exceed <br /> one hundred twenty (120) days from the date of notification by City or such longer <br /> period of time as may be reasonably required to complete the same in the event of <br /> circumstances such as Act of God, Force Majeure, strike, or to the extent the <br /> circumstances prevent the completion of the removal or relocation. Provided, <br /> however, that if exigencies dictate a shorter period for removal or relocation, RCN <br /> shall, in good faith, use its best efforts to remove and relocate the Facilities <br /> expeditiously. In the event said Fiber Optic Network Facilities are not removed or <br /> relocated within said period of time, City may cause the same to be done at the <br /> expense of RCN and RCN shall reimburse the City any and all expenses, including <br /> administrative overhead. If RCN shall fail to vacate or otherwise remove the <br /> Aemt-374 <br /> ShIRWClCouncil - l � - <br /> FXS/fs <br /> OS/OZ/(� <br /> . .. _ _ . . _ ..,.. T. <br />
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