Agmt00 Williams Communications - Laserfiche WebLink

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meet and fully perform any of its obligations; provided that WILLIAMS or its contractor is first given written notice of any intent to draw against the bond and an opportunity to cure. Following completion of the work by WILLIAMS or its contractor and its inspection and acceptance by the Director, the performance bond shall remain in effect to the extent of ten percent (10%) of the value of the work performed under each Encroachment Permit to guarantee and assure that faithful performance of WILLIAMS' obligations under this Agreement for a period of one (1) year from the City's acceptance of the work performed under each Encroachment Permit. City shall have the right to draw against the bond in the event of a default by WILLIAMS or its contractor or in the event that WILLIAMS or its contractor fails to meet and fully perform any of its obligations. The form of the performance bond shall be furnished and approved by the City. 11. DamaQe to Facilities in Public Riaht-of-Wav or on Private Propertv. (a) WILLIAMS shall be responsible for any damage to City street pavements, existing utilities, curbs, gutters, sidewalks or to any private property or improvements to the extent attributable to its installation, maintenance, repair or removal of its Fiber Optic Network Facilities in Public Right-of-Way and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the approval of City. Any premature deterioration of the surface or subsurface improvements as determined by City shall be the responsibility of WILLIAMS to the extent attributable to WILLIAMS' activities. This responsibility shall survive this RWC/Council/Agmy Agmt-341 FXS/fs 03/28/00. 03/30/00R