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IoA=�43 <br /> 24. Availabilitv of Facilities. <br /> RCN shall allow the City to connect with its facilities pursuant to prices, <br /> terms and conditions to be negotiated �with City at the time such connection is <br /> sought. RCN shall also make its facilities available to residents and businesses <br /> within the City in accordance with applicable rules and regulations of the California <br /> Public Utilities Commission. <br /> 25. Attornev's Fees. In the event of litigation between the Parties hereto, <br /> the prevailing party shall be entitled to reasonable attorney's fees and costs. <br /> 26. Miscellaneous Provisions <br /> (a) RCN's local control center shall be available to the staff employees of <br /> any City department staff having jurisdiction over RCN's activities 24 hours a day, <br /> 7 days a week, regarding problems or complaints resulting from the Facilities <br /> installed pursuant to this Agreement. City may contact by telephone the network <br /> control center operator by telephone number regarding such <br /> problems or complaints. <br /> (b) This Agreement shall be governed and construed by and in accordance <br /> with the laws of the State of California. In the event that suit is brought by a party <br /> to this Agreement, the parties agree that trial of such action shall be vested <br /> exclusively in the state courts of California, County of San Mateo, or in the United <br /> States District Court, Northern District of California, in the County of San <br /> Francisco. <br /> Aemt-374 <br /> snntwCico�,n�>> - 36 - <br /> FXS/fs <br /> oa�o?ioo <br /> _ _ _ . __ _ _ _t <br />