Agmt00 Williams Communications - Laserfiche WebLink

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aboveground facilities. The request by City to WILLIAMS to remove or relocate its Fiber Optic Network Facilities shall be made on a non-discriminatory basis. In the event all or any portion of said Public Right-of-Way occupied by said Fiber Optic Network Facilities shall be needed by City or in the event the existence of said Fiber Optic Network Facilities shall be considered on a non-discriminatory basis detrimental to government activities, including, but not limited to interference by City construction projects, or is in conflict vertically and/or horizontally with any proposed City installation, WILLIAMS shall remove and relocate said Fiber Optic Network Facilities in an expeditious manner to such other location or locations on said Public Right-of-Way as may be designated by City. In regards to specific confined City projects, or other confined projects authorized by City, as opposed to City-wide projects, in no event shall completion of removal or relocation exceed one hundred twenty (120) days from the date of notification by City or such longer period of time as may be reasonably required to complete the same in the event of circumstances such as Act of God, Force Majeure, strike, or to the extent the circumstances prevent the completion of the removal or relocation. Provided, however, that if exigencies dictate a shorter period for removal or relocation, WILLIAMS shall, in good faith, use its best efforts to remove and relocate the Facilities expeditiously. In the event said Fiber Optic Network Facilities are not removed or relocated within said period of time, City may cause the same to be done at the expense of WILLIAMS and WILLIAMS shall reimburse the City any and all expenses, including administrative overhead. If WILLIAMS shall fail to R W C/Council! Agmy Agmt-341 FXS/fs 03/28/00, 03/30/00R