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�.2-�t'1 <br /> in Public Right-of-Way and shall repair, replace and restore in kind any such damaged faciiities <br /> at its sole expense and to the approval of City. <br /> Any premature deterioration of the surface or subsurface improvements as determined <br /> by City shall be the responsibility of MFN to the extent attributable to MFN' activities. This <br /> responsibility shall survive this Agreement and shall extend either for (i) a period of two (2) <br /> years following MFN' abandonment of MFN' most recent installation of, or improvements on, the <br /> Facilities; or (ii) the date of completion of the Facilities, which will be constructed and installed <br /> by MFN upon approval of this Agreement by City, as opposed to the construction and <br /> instalfation of additional Facilities that may be constructed or installed at a later date, whichever <br /> occurs last. MFN shall immediately on written notice from the City commence and thereafter <br /> � diligently and continually cause all necessary repairs to be completed; however, under no <br /> circumstances may the period of time to complete all necessary repairs exceed ninety (90) days <br /> or such longer period of time as may be reasonably required to complete the same in the event <br /> of circumstances such as Act of God, Force Majeure, strike or to the extent the circumstances <br /> prevent the completion of the repairs. In the event the repairs are not made, the City shall make <br /> repairs with the cost being billed to MFN. <br /> (b) If Public Right-of-Way to be used by MFN has preexisting installation(s), MFN shall <br /> assume the responsibility to verify the location of the preexisting installations and notify the <br /> owner(s) thereof of MFN' proposed installation. City witl endeavor to notify MFN of the location <br /> of preexisting instaltations insofar as it has knowledge of such location provided.that City shall <br /> have no fiability whatsoever to MFN or any other third party as a result of its failure to do so. The <br /> cost of any work required of such third party or City to provide adequate space or required <br /> clearance to accommodate MFN' installation shall be borne solely by MFN. <br /> 12. Joint Particiaation With Other Utilities. <br /> A�mt-409 <br /> f!s}vsh/Redwood <br /> FXS:r� <br /> ] 0/O5/00 <br /> ]4 <br /> _... __...�__. ___ . �. <br /> _ .._._ _ _ _.. __.__ <br /> .. _ <br />